Motions to Dismiss a DUI Charge

Lisa JacksonDecember 27, 2022

Whether you're facing a DUI or not, there are a few motions you can make that may prove important to your case. These include a Notice of Discovery, a Pre-trial Motion Hearing and Exclusion of Unfavorable Evidence. Here are some of the key points you should keep in mind when filing these motions.

Pre-trial motion hearing

If you are accused of DUI, you can file a pre-trial motion hearing in order to try to lower or dismiss your charges. You can also try to suppress evidence that can be used against you at trial.

These motions are important because they help you to build your case before the court proceedings. The judge will determine whether the motions are granted. For example, you can ask the judge to exclude evidence that was discovered during an illegal search.

Motions can be made by the defendant, the prosecutor, or both. They are submitted to the court in writing. Some of these are presented during the preliminary hearing and some are not.

One of the most common types of motions is the motion to suppress. This motion prevents the prosecutor from using evidence against you.

Exclusion of unfavorable evidence

When defending against a motions Hearing DUI, it's important to know what a motions hearing is and what the motions are. These hearings can result in charges being thrown out or you having your case dismissed for good. Having a strong attorney can ensure you receive the best defense possible.

Motions are filed by the prosecution or defense. Both sides will receive written notice of the filing and will be given a fixed date for court. The judge will rule on the motions. This can have a significant impact on your case. Depending on the facts of your case, your lawyer may be able to file the right motion at the right time.

A motions hearing can also be used to improve your plea offer. For example, the motion to suppress can prevent the prosecution from using evidence obtained in violation of constitutional guidelines.

Opening statement

An opening statement is one of the first steps in a drunk driving trial. It serves to introduce your client to the court and set the stage for the remainder of the trial.

The opening statement should be to the point, albeit briefly. Your DUI attorney should not make a long, unfocused exposition. Instead, he or she should explain the key points of the case and the structure.

There are many things to remember in preparing an opening statement. One of the most important is to make sure that you are presenting the proper version of the facts. If you aren't, you might miss out on a better plea offer from the prosecutor.

Another useful hint is to choose your words carefully. In addition to making your opening statement as brief and to the point as possible, you should be mindful of using the appropriate language. This means using proper punctuation and sentence structure.

Continuance form

If you have been arrested for a DUI and are unable to appear at court, you may request a continuance form. However, you must follow the instructions and submit the right paperwork.

A written motion to continue trial is the best way to request a continuance. You can send the form to the prosecutor or to the court clerk.

Usually, it takes several days for the clerk to process a continuance. Nevertheless, it is possible to obtain one-time 30 day continuances in certain cases.

The procedure for filing a motion to continue a trial is set out in Penal Code 1050 PC. During the pretrial hearing, defendants and the prosecutor will go before the judge to negotiate the case. When the parties agree, a continuance is granted.

Notice of discovery

Discovering evidence is a very important part of the DUI process. The prosecutor and attorney will often seek information related to your arrest. For example, the defense may request a 911 recording, body camera footage, and police reports.

There are many types of discovery and you must be prepared for each. This means you will need to prepare a list of documents and witnesses you expect to hear about. You also need to know what the court will ask for during your motions hearing.

The best DUI attorneys will take the time to evaluate your case and determine what discovery you need. They will send copies of your requests to the court.

Motions for discovery can be tricky to write, so you need an experienced attorney to do it for you. If you don't do it right, you could lose your case.

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