DWI Pre-Trial Motions: What Are They?
Pre-trial motions are often written requests to the court made by one of the parties to the case.
For instance, a defense attorney may submit a pretrial request to exclude certain evidence that was improperly obtained. Both the prosecution and the defense employ pre-trial motions to specify the range of the admissible evidence and arguments.
Following the filing of a pretrial motion, the judge will hear arguments from both sides, usually in the course of a court hearing. Pre-trial motions can be a crucial defense strategy for DWI accusations. If your request is granted, the prosecution may be prevented from filing specific charges against you, presenting negative testimony at trial, or employing particular witnesses against you.
If certain pre-trial criminal defense petitions are granted, the entire criminal case may be dismissed before a trial even takes place (e.g., pre-trial motion to dismiss).
What Pre-Trial Motions Typical Arguments are Made?
There are numerous pretrial motions that may be used in a Missouri DWI case to avoid jail time, but some of the more typical ones are as follows:
- Because the evidence was uncovered as a result of an illegal search, it should be excluded.
- Because the police neglected to inform the suspect of his Miranda rights, any admissions made regarding the moving violation, traffic violation, or DWI arrest made on the spot or afterward should be disregarded.
- Because of defective equipment or insufficient police procedure, a breathalyzer test result should be disregarded.
- Whatever scientific test was used to examine the defendant should be rejected since it does not sufficiently demonstrate that the defendant was driving under the influence.
Let’s say the arresting officer behaved improperly when the DWI occurred. If so, you might be able to ask to see the officer’s personnel file to check for any indications of prior transgressions, such as:
- Racial prejudice
- Extreme force
- Erroneous arrests
- Putting evidence down;
- Discrimination;
- Bullying; or
- Criminal activity.
Additionally, the case might be dismissed for extreme prosecutorial misconduct, such as failure to provide the defense with any information that could exonerate the defendant of guilt (the Brady Rule).
Because the court disregarded the defendant’s right to a speedy trial, the case might also be dismissed.
What Rights Do I Have If I’m Arrested for DWI?
People are prevented from testifying against themselves by the right to be compelled self-reflection guaranteed by the Fifth Amendment. Without Miranda warnings, no words a person makes while being questioned in custody by a government official or member of law enforcement can be used against them.
A person’s Miranda rights must be read aloud as soon as they are arrested for DWI or are in jail.
Miranda warnings include:
- You can elect to keep quiet.
- In the event that you speak, anything you say may be used against you in court.
- You are entitled to legal representation, and you have the right to have a Kansas DUI attorney present while being questioned.
- You will be assigned a counsel if you cannot afford one.
When Must I Exercise My Miranda Rights?
When a person is being questioned by law enforcement while being held in custody, they must be given a Miranda warning.
When a person’s freedom of movement is significantly restricted and they are unable to leave on their own volition, they are said to be under custody. This may occur at a jail, a DUI scene, a public place, etc. Police are required to read a Miranda warning to a person in custody before interviewing them. Police are not compelled to read Miranda warnings to those who are pulled over or who are briefly questioned by them during a stop.
Any police questioning that might necessitate an incriminating response is considered to be an interrogation. Any police questioning of a detained individual requires Miranda warnings; otherwise, any statements made would not be admissible absent voluntary waiver.
Can I Be Detained for DWI Without Having My Miranda Rights Read to Me?
During a custodial interrogation, Miranda Rights only prevent self-incrimination. The only need for an arrest by the police is probable cause. When questioning a suspect who is in custody, the police are merely required to read the subject the Miranda Rights. Police frequently question a person during a DWI stop without placing that person under arrest since they are aware of when Miranda Rights must be read.
One might anticipate privacy, for instance, in their own home. Therefore, it would be a justifiable violation of their privacy if the government or law enforcement entered without a warrant or a good-faith justification, and it might suppress any evidence gathered.
What Sorts of Searches Are Possible?
Legal searches include:
- Searches that are conducted with a valid warrant;
- Searches that might not require a warrant but are nonetheless subject to the good-faith exemption; and
- Whenever a situation involving a warrantless exception applies to the search (e.g., consent was given, done in “hot pursuit,” etc.).
Without any proof of a crime, the police cannot arbitrarily examine your vehicle.
Should I Speak with a Kansas City DWI Attorney About My DUI Pre-Trial Motion?
Being charged with DWI can have serious and long-lasting repercussions. You should get in touch with a Kansas City DWI lawyer right away if you have been accused of DWI and need legal advice.
A Kansas City DWI attorney can assess your situation and submit any necessary pre-trial papers to help you fight the criminal accusations and keep your driver’s license. In addition, a Kansas City DWI lawyer can protect your interests in court by gathering evidence, negotiating with the prosecution, deposing witnesses, and gathering evidence for a DWI defense.
