DWI defense attorneys typically make several pretrial motions in drunk driving court cases that seek to suppress evidence and provide more information about the prosecution’s case. Pretrial motions may also allow an independent defense expert to analyze chemical test results and allow the defense to discover details about any complaints made against the arresting officer.
Common pretrial motions in a New Jersey driving under the influence case are motions to suppress evidence, split blood or urine samples for independent testing, gain supplemental evidence through discovery, strike prior drinking and driving convictions, suppress statements made by the defendant, and/or gain access to an arresting officer’s personnel file.
A skilled New Jersey DWI / DUI defense attorney starts thinking about pretrial motions during the initial consultation about a client’s case. Pretrial motions are often introduced during the driver’s arraignment. The judge will then set a hearing date to consider the motions.
A strong, winning DUI / DWI defense hinges on many issues, including whether or not the arrest was lawful, whether the driver received a Miranda warning before being questioned, whether any chemical test results were accurate, whether the arresting officer has been the subject of past complaints, and whether any prior drunk driving convictions can be stricken to reduce additional punishment.
Strategically used pretrial motions can be a powerful tool in DUI / DWI defense. An experienced New Jersey drunk driving defense attorney will use pretrial motions as part of a comprehensive strategy designed to protect the driver’s rights and minimize or eliminate the consequences of a driving under the influence arrest.