DUI MOTION BANK AND RESOURCES
Less than 5% of all DUI cases go to a jury trial. DUI trials occur more frequently in jurisdictions that permit a bench trial (trial by judge) for DUI’s and other misdemeanors. However, any type of trial for a DUI case is the exception and not the rule.
The primary goal of a DUI attorney is to have your case dismissed without a trial. Every once in a while somebody is lucky and a key witness moves out of the state or cannot be found. However, a quality DUI attorney is not going to wait for a lucky break. Most attorneys that practice DUI defense routinely file pretrial motions in an attempt to have your case dismissed . These pretrial motions fall into separate categories including:
1) MOTIONS TO SUPPRESS – this type of motion seeks to preclude the state from presenting certain evidence during trial due to a violation of the defendant’s constitutional rights. The chance of the case being dismissed increases if the state loses the motion to suppress.
2) MOTIONS IN LIMINE-this type of motion seeks to exclude evidence or limit the use of evidence during trial due to an issue with the rules of evidence. This motion is typically made right before trial.
In order to prevail in pretrial motions, or in trial, your DUI attorney needs to know the relevant issues and current case law concerning DUI. This site is intended to be a guide to assist in preparing for pretrial DUI motions and DUI trials. This site is broken down into different categories and subcategories. More categories and subcategories will be added as additional information gets submitted. The categories and subcategories are:
- Motion to Suppress
- Motions to Dismiss
- Procedural Motions
- Scientific Evidence
This website is provided as a service by Fort Lauderdale DUI Attorney, Michael A. Dye. The materials contained on the site are intended to be used as a guide only. The documents contained in this motion bank are submitted by practicing attorneys. The owner of the site, nor any of the attorneys providing submissions guarantee the accuracy of the research and/or legal accuracy of the materials contained herein. Nothing contained herein constitutes legal advice and/or the formation of an attorney-client relationship. Materials contained herein are from various jurisdictions, the laws of your jurisdiction may, and probably do, vary. The law is always changing and the case law cited to in the materials contained herein may be out of date or have been overturned. While some of the materials may contain similar facts to your case or a case where you are providing representation, keep in mind that there are subtle differences in every fact pattern which make each case unique.
Representing Yourself in a DUI?
next Don’t do it . Every single attorney who has submitted materials to the site has stated that they would not represent themselves in a DUI case. Neither should you. Hire an attorney. If you need a referral, contact me through the link above and I will find you an attorney in your area.