Oklahoma DUI Pre-Trial Motions
DUI evidence must be accurate and obtained legally in order for it to be used in trial. If the arrest was not valid or the breath test machine was faulty, your defense attorney may file a pre-trial motion to have the evidence suppressed at the trial. If a critical piece of evidence is deemed inadmissible, there is a chance that the charges against you could be dismissed altogether.
What happens at the pre-trial motions hearing?
When a defense attorney takes on your case, he or she will investigate the field sobriety and breath tests as well as the circumstances of your traffic stop and arrest to determine if any of the evidence is incorrect. For example, if the officer didn't have reasonable suspicion to pull you over, the arrest—and all of the evidence obtained—could be deemed unlawful.
During the pre-trial motions hearing, your attorney will have the opportunity to challenge the evidence and move for it to be suppressed. The judge will listen to both the defense and the prosecution before making a decision. If your pre-trial motion is granted, the evidence cannot be used in trial.
If the judge's decision weakens the prosecution's case, the prosecutor may offer a plea deal. In some cases, the judge may decide that the prosecution does not have enough evidence to move to trial, and may drop the DUI charges.
A DUI Defense Attorney Can Help
Pre-trial motions are a critical part of the legal process and, if successful, can reduce the need for a trial. In some cases, your defense attorney can attend this hearing on your behalf, so you do not have to miss out on work, school or other obligations.
If you have questions about your DUI case, contact the Edge Law Firm right away at (877) DUI-EDGE or (918) 582-6333, or complete our online case evaluation form.