california pretrial motions to suppress

what is a motion in limine?

"Motions" are documents an attorney files with the court for various reasons, and are used primarily to attack certain components of the prosecution's case. The goal is is to prevent incriminating evidentiary facts or statements to be used against you in trial. The types of motions your DUI lawyer will file depends on the specific facts involved with your case, and should fall in line with the overall defense strategy. When successful, pretrial motions can discharge your case and terminate the need to proceed with trial.

variations of dui defense motions

Examples of Pretrial Motions your lawyer might file include motions to exclude results from Preliminary Alcohol Screening (PAS), field sobriety, or chemical tests, motions to exclude the police officer's statements or testimony regarding presumed guilt, motions to suppress a chemical test refusal using the confusion doctrine, motions to strike or vacate a prior offense, motions to suppress evidence based on an unlawful stop or dui checkpoint, or motions to preclude the state's witnesses conferring with the prosecutor, and many more.

attorney pretrial motions

As your attorney, we aggressively pursue suppression of evidence and potential testimony against you as a fundamental tactic in weakening the prosecutor's case. Successful pretrial motions can lead to reduced charges, an entire case dismissal, or better setting the stage for a successful defense at trial. We may file several pretrial motions in each DUI case, often targeting one evidential factor or statement with several different types of motions.

the prosecutor's disclosure requirements

1. Names and addresses of witnesses who will testify for the prosecution

2. Any prior felony conviction affecting the credibility of the state's witnesses

3. Defendant's statements to be presented as evidence

4. Any actual evidence seized in a search or investigation of the charges

5. Any exonerating or vindicating evidence or facts

6. Relevant written or recorded statements including expert opinions

7. Diagnostic results of physical or mental examinations

8. Evidentiary results of scientific or comparison tests

pitchess motion

A pitchess motion to the court is a formal request to gain access to the arresting police officer's personnel file and any prior disciplinary record, citizen complaints, or history of misconduct. A pitchess motion is typically filed in an effort to prove the officer committed a procedural violation, unlawful arrest, illegal search and seizure, used excessive force, was racially biased, or some other action that could be used at trial to make the officer's testimony apparently less credible.

pretrial and trial motions applicable to dui defense

• To permit rebuttal evidence of chemical test results
• Petition to strike prior DUI conviction(s); Memorandum in Support
• Discovery of State's Possession of Material Evidence
• To Depose the Arresting Police Officer
• Discovery of Defendant's Blood Alcohol Drug Test Result Samples
• Subpoena for Breath Testing Evidential data ( Duces Tecum )
• Motion to exclude Defendant's Statements or Admissions to law enforcement
• To Omit Chemical Test Refusal Evidence
• To Suppress Field Sobriety Test Performance Results & Observations
• Preclusion of Impeachment by means of previous Drunk Driving convictions
• Suppression of Evidence obtained from unreasonable Search & Seizure
• Motion to Dismiss for lack of Probable Cause
• Dismissal Motion due to inadherence or violation of Proper Procedure
• Petition the Court to Appoint Experts in Chemical Tests and Forensics
• Motion to Withdraw Defendant's Guilty Plea
• To Declare a Mistrial

The above motions and petitions to the court represent only a sample of possible strategies a well-equipped and knowledgeable DUI Lawyer will implement at various phases of your court proceedings, should your case proceed to trial.

A common defense mistake is to underestimate the skills and expertise necessary to successfully defend DWI and retain nonspecialized attorney representation. Darren Kavinoky has successfully handled thousands of San Diego driving under the influence cases and will provide a free consultation and evaluation of your individual charges. Call our law offices as soon as possible at 619.231.7412. There is no such thing as a hopeless case.