Filing motions to suppress certain evidence at your DUI trial is a key defense tactic of the best DUI lawyers. As long as the court doesn’t consider a motion to be frivolous then you have nothing to lose and everything to gain by filing a pretrial motion.
Many inexperienced lawyers who do not handle many DUI cases may be afraid of looking like they are filing frivolous motions but an experienced DUI lawyer will do so in order to gain information about exactly what evidence the state has against you before your trial. For instance, the arresting officer may not have filled in all the required information on a certain form that contains details about your breath test so your lawyer can file a motion to suppress your breath test result. This gives your lawyer the opportunity to question the arresting officer in detail before your trial, giving him valuable information about your DUI case. Many police officers don’t prepare their testimony for these motions and a clever lawyer can try to show that the police officer made assumptions or entered the wrong time or maybe didn’t follow the exact procedure for taking a breath test. He can also use complex questions to set the officer up in a trap which he can spring later when he questions the officer again at your trial.
If the motions are granted then it is possible to have your DUI case dismissed and the charges against you dropped. But even if you don’t win the motion it gives your lawyer a good idea of how to cross examine the officer at your trial. And if the officer performs poorly under cross examination at the motion then the prosecution may offer a very attractive plea bargain or possibly drop the case altogether.
Whatever happens with your motion it is a good opportunity for your lawyer to gain information about every aspect of your DUI case, including the police officers and witnesses, before your trial date. Make sure you hire a good San Diego DUI lawyer with plenty of court room experience who will go the extra mile in defending your drink driving case.