Pretrial Motions

Role of pretrial Motions

Pretrial motions play an important role in ensuring that the driver’s rights were not violated, and the contact and ultimate arrest were done legally.  In DUI cases, attorneys can look over these legal issues before the case is set for a Jury Trial.  Most DUI cases do not result in a jury trial, but your experienced DUI defense attorney can file a motion to have certain conduct or evidence that resulted in that illegal conduct suppressed or taken out of the case.  For example, if the officer did not have a legal right to contact the person who was arrested, then everything after the illegal contact (including potential Field sobriety tests, or chemical testing will be excluded by the court, and the prosecutor will not have enough evidence to proceed to a jury trial, so they will dismiss the case.  

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Motions are submitted in writing, focusing on a violation of the driver’s constitutional rights, and asking the court to exclude evidence that was received or discovered as a result of that illegal conduct. They can be filed by either the prosecutor or defense attorney and can significantly impact the trial, evidence admissibility, and overall case outcome or strength of the case.

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By examining the prosecution’s case by examining each step the case took to get to the point of being filed, your attorney can try to locate areas that cause a concern about the integrity of the case, and through motions, the defense ensures that only admissible, lawfully gathered evidence is taken into consideration. This process protects the defendant from potential abuses of power and safeguards the integrity of the justice system. Having the right to a fair trial means that your trial only includes legally obtained evidence.  Pretrial motions can ultimately be the difference between a conviction and an acquittal, especially in more complicated DUI cases.

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An experienced DUI attorney plays a key role in devising an effective pretrial motion case. By examining the evidence, such as police reports, video footage, and the legality of the arrest, they can challenge weaknesses in the prosecution's case and strengthen the defense.  This evaluation of the case is often a way in which your attorney can point out the challenges to the prosecutor’s case and ultimately obtain a more reasonable offer for the driver to consider.

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Common types of pretrial motions in DUI cases include:

Motion to dismiss due to unlawful filing.  This would be a motion filed if the case was filed in the wrong courthouse, or filed after the statute of limitations had expired, or any other reason. The judge would determine if the motion had merit, and if it does, the case is dismissed.

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Motion to Suppress Evidence:  this is a motion to suppress evidence that was obtained because the driver’s rights were violated, and therefore the evidence should be suppressed (excluded from the case).  The motion asks the judge to rule that the evidence is inadmissible because the driver’s rights were violated in order to obtain it.  If the evidence is suppressed, then the prosecutor will either appeal the decision or dismiss the charges because they are unable to prove their case beyond a reasonable doubt without that evidence.  

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Motion for Change of Venue: One of the reasons this motion may be filed includes extensive pre-trial publicity. If local news has covered the case widely, moving the trial to another location may be necessary to protect the defendant's right to an impartial jury.  This would be a fairly rare motion for a first time DUI, but if the defense can prove that due to pre-trial publicity, the defendant would not be able to find an impartial jury in the county.

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Motion for Supplemental Discovery: The prosecutor is obligated to provide the defense with all relevant evidence and specifically with any evidence that would tend to show the defendant was not guilty of the charges.  This motion could also be filed a Motion to compel Discovery where the defense would be asking the Court to order the prosecutor to provide specific evidence in the possession of the prosecutor. The goal of the Court, the prosecutor and defense attorneys is a fair process and a fair trial.  These motions are to ensure that when they are necessary. 

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Motion to Strike Prior Convictions: This motion seeks to remove prior DUI convictions from consideration in the current case.  This motion is particularly necessary if the prosecutor is alleging a prior conviction from another state where the law is not the same as in California, so the prior conviction should not be alleged in this case.  If the motion is granted, then the case may be reduced to a first time DUI.

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Pitchess Motion: This is specific to California and is used to request the release of police officer personnel records. If the defense believes an officer has a history of misconduct, this motion can be filed to access those records and challenge the officer's credibility.  In order to have the grounds to request this information, there must be evidence of misconduct that is known.  The prosecutor is also obligated to provide the defense with evidence of misconduct or credibility about all of the witnesses they intend to call, even if that witness is a police officer.

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The Court process:

The deadlines for filing pretrial motions in DUI cases are regulated by both statutory rules and specific court orders. This varies by jurisdiction, but generally the timeline follows these key steps:

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Arraignment: The arraignment is the first court appearance where the accused is notified of the charges that have been filed and the driver is given the opportunity to enter a plea of not guilty, guilty or no-contest.  The Arraignment is effectively the starting gate to the court case.  The court will generally recognize your attorney as the attorney of record on the case, and once your attorney becomes your attorney of record, then the prosecutor is required to provide the attorney with the discovery on the case, including, but not limited to police reports, chemical test results, videos, anything else that is part of the case.  Following the arraignment, the court appearance going forward, prior to setting the case for a Jury Trial are considered pre-trial conferences (though some courts use different terminology.  Following your arraignment, your attorney will receive a copy of the police reports and your attorney will likely share and discuss them with you prior to the next court date (a pre-trial conference).

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Pretrial Motion Filing Deadline: In general pretrial motions should be filed within 30 days after the arraignment, though the exact deadline can vary based on the court's specific rules or the judge's orders. Some courts may set a deadline during the pretrial conference.  If a motion is filed after the 30 period, and the motion is denied.  The driver would not be able to appeal this denial, until after the case is complete (meaning after the driver is sentenced)  So if the matter is being resolved with a plea agreement, then the driver would reserve the right to appeal the denied motion.  Even though sentenced on the matter, if the Court of Appeals reverses the Trial’s court ruling on the motion, that may result in a dismissal of the case, so the court would allow the driver to reverse the plea agreement and then dismiss the case.  

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Response to Motions: Once a pretrial motion is filed by the defense, the prosecution usually has 10 days to respond. This timeline allows both sides to present arguments for or against the motion.

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Pretrial Motion Hearing: After the motion is filed and responses are submitted, the court schedules a hearing where both sides lay out their case. The hearing typically takes place a few weeks after all briefing has been submitted.  The court will generally listen to witnesses testimony and arguments from both sides before rendering a decision from the bench or sending both sides a written decision.  After the court makes its ruling each side will need to determine what to do next.

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If deadlines are missed, the court may refuse to hear the motion. This limits the defense's ability to challenge evidence or process-related matters in the case. An experienced attorney ensures all pretrial motions are timely filed to protect the defendant's rights.

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Maximizing the Impact of Pretrial Motions on Case Outcomes

Influencing Prosecutor Decisions

An experienced DUI attorney will have experience with pre-trial motion practice and will file motions that have merit and a strong likelihood of success.  The attorney may even discuss the issues that are in question with the case based on violations of the law, or the driver’s rights prior to filing a formal motion.  This may get the prosecutor to dismiss the case or reduce the charges or plea agreement offered in light of the evidence potentially being thrown out by the court.  

Strengthening Negotiating Position

Pretrial motions strengthen the defendant's negotiating position by challenging key evidence. This may result in more favorable plea deals as prosecutors seek to avoid the uncertainties of a trial or a motion hearing. Additionally, preparing for trial through pretrial motions can uncover exculpatory evidence or identify weaknesses in the prosecution's case, further enhancing the defense's bargaining power. Ultimately, strategic use of pretrial motions can lead to reduced charges, dismissed cases, or more favorable outcomes for defendants in California DUI cases.

Post-Trial Options if Pretrial Motions Fail

If pretrial motions are denied, this is not necessarily the end of the road for a DUI defense. There are several post-trial options available that can still influence the outcome of the case. One option is appealing the court's decision regarding pretrial motions. In some cases, a defense attorney can argue that the judge made an error in denying the motion, and this can be brought up in an appellate court, where the ruling can potentially be overturned.

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In addition, even if pretrial motions fail, the defense can continue to challenge the prosecution’s evidence during trial. For example, the credibility of a police officer's testimony or the accuracy of a breathalyzer test can still be contested through cross-examination or by introducing expert witnesses. Sometimes, issues that were not successfully resolved during pretrial can resurface during the trial, offering new opportunities to weaken the prosecution's case.  Some issues are legal issues to be determined by the court, but then there are other issues that the jury needs to decide, and those arguments can still be made to the jury even after the motion is denied.

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In cases where a conviction occurs despite unsuccessful pretrial motions, the defendant can pursue an appeal of the conviction itself. An appellate court can review not only the outcome of the pretrial motions but also other aspects of the trial to determine if any legal errors occurred that affected the fairness of the trial or the outcome.