Motions can be used to show that the prosecutor’s case is weak.
If you have been charged with driving under the influence (DUI) in California, you may be wondering how exactly you can get the best possible outcome for your case. While the specific strategy will depend on the facts of your case, a DUI defense attorney in San Bernardino, CA can often use their knowledge of the law to whittle away at the state’s case — which may lead to a dismissal of the charges entirely or a favorable plea deal.
Prosecutors often claim that they offer their best plea deal at arraignment, which happens at the start of the case. Their logic is that they will offer a “good” deal at the outset, before they have spent a lot of time or money on the case. In reality, this is rarely true. When a defendant accepts the first deal offered by the prosecution (usually without the advice of counsel), the beneficiary is usually the government — not the person taking the charge.
For this reason, you should never take a deal without first consulting with a DUI defense attorney in San Bernardino, CA. Your lawyer can help you get a better agreement in a number of ways. This includes using pre-trial motions to break down the prosecution’s case.
A motion is a type of legal document that essentially asks a judge to do something. For example, an attorney may file a motion to limit the type of evidence that the other side can present at trial. In a DUI case, pre-trial motions are any type of motion that is filed before trial.
A DUI defense attorney in San Bernardino, CA may file any number of pre-trial motions in your DUI case. For example, they may file a “motion to suppress,” where they ask the judge to exclude evidence that was obtained illegally or that will unfairly prejudice you. If the police lacked probable cause to make the stop that led to your DUI arrest, that may be grounds for a motion to suppress. Your lawyer can establish whether the officer had probable cause by filing a motion for a hearing on that issue.
Your attorney may also file what is known as a “blood split motion,” which can be used to obtain part of your blood sample for independent analysis. In some cases, a motion for a “Pitchess” hearing may be appropriate. At a Pitchess hearing, your DUI defense attorney in San Bernardino, CA will learn more about the history of complaints against the officer who stopped you. This information can then be used to discredit the officer’s report or their testimony.
An experienced lawyer will use a range of tactics to advocate for you, including filing pre-trial motions. At the Chambers Law Firm, we thoroughly investigate each DUI case on behalf of our clients, working hard to get them the best possible deal — or have the charges dismissed entirely. To learn more or to schedule a free initial consultation, contact our firm at 714-760-4088 or dchambers@clfca.com.
