Motions to Exclude Evidence
Pre-trial motions can be a pivotal point in criminal cases. Successful pretrial motions can result in certain evidences being excluded from the criminal trial. This phase of the criminal process happens after the preliminary hearing and before a case goes to trial. Pre-trial motions can also be called motions to suppress evidence. If you have been arrested for driving under the influence of drugs or alcohol, then enlisting representation from an Atlanta DUI lawyer can be crucial. An experienced attorney will understand how to file a successful pre-trial motion so as to possibly get your charges dismissed.
Evidence Addressed in DUI Pre-Trial Motions
What kind of evidence would you want to suppress in a DUI case? The answer to this question depends on the evidence that is against you. If you were charged for DUI on the basis of breath test evidence, then your attorney could potentially file a pre-trial motion in attempt to exclude the breath test evidence from your case. Listed below are basic pieces of evidence you may want excluded:
Breath Test Evidence
After a lawful arrest, a law enforcement official can ask an arrestee to submit to a breath or breathalyzer test. This type of test must be administered according to industry regulations only after an arrestee has been lawfully arrested and informed of their rights. If the breath test indicates that the arrestee had a BAC of .08 percent or higher then they can be charged with DUI.
Blood Test Evidence
Similar to breath test evidence, a blood test may not be administered unless a person has been lawfully arrested. Blood tests may be more common in the case of DUI and drugs, but they can also be used to test for alcohol intoxication. Arrestees do have the right to independent blood testing.
Field Sobriety Test Evidence
Before an arrest takes place, a law enforcement official can ask a driver to submit to standardized field sobriety tests. These tests typically include one of or a combination of the horizontal gaze nystagmus, one-leg stand and walk-and-turn tests.
How does evidence become excluded?
In order for your attorney to make a successful motion for dismissal of evidence, they must be able to prove that the evidence was flawed or otherwise obtained wrongfully. For example, your attorney could possibly fight to prove that the breath test machine that was used in your case was flawed. If the model used or even the machine itself was investigated or tested and proven flawed, then breath test evidence could be thrown out. You attorney could also possibly fight to prove that your breath, blood or field sobriety tests were given incorrectly.
For example, video documentation from the arrest could prove that the law enforcement official did not follow industry standards. Evidence could also be thrown out if the police stop was proven to be unlawful and without probable cause. Any and all evidence obtained for a DUI arrest has the potential to be dismissed from a case in a pre-trial motion. If enough evidence is dismissed, then a case may not have enough evidence to proceed to trial, and therefore be dismissed.
Your Atlanta DUI Defense Attorney
Contact The Law Offices of Richard S. Lawson today if you have been arrested for DUI and are facing the penalties. You could learn more about pretrial motions, DUI evidence and other defense tactics from Mr. Lawson, who has successfully resolved over 4,900 drunk driving cases for his clients. To learn more, call today for a free consultation.