Broward DUI Attorney - DUI Pretrial Motions Available to the Defense
DUI defense is considered to be one of the most complex areas of criminal law. DUI litigation carries the threat of minimum mandatory sentences, double jeopardy violations, Intoxilyzer engineering, toxicology, video and audio surveillance, in addition to an almost endless list of constitutional implications. The defending of a DUI does not involve a criminal defense attorney's merely looking at the DUI video in order to determine if the client appears intoxicated. DUI defense goes much deeper, requiring the protection of a client's rights against an over-zealous prosecution motivated by this politically charged crime. Pretrial motions are the most powerful weapon that a DUI attorney has against the State in preventing a conviction. Common pretrial motions used by this firm include:
- Motion to suppress chemical tests;
- Motion to suppress breath tests;
- Motion to suppress blood tests;
- Motion to suppress urine tests;
- Motion to suppress field sobriety exercises;
- Motion to suppress statements of the defendant;
- Motions to suppress DUI videotape;
- Motion to suppress audio portions of DUI videotape;
- Motion to suppress horizontal gaze nystagmus testing;
- Motion to dismiss based on destruction of favorable evidence to the defense;
- Motion to suppress based on illegal stop;
- Motion to suppress based on lack of probable cause;
- Motion to dismiss based on entrapment; and
- Motion to dismiss an aggravated charge.
