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Motions



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Definition of Motions

Motions can be brought by a DUI lawyer after the preliminary hearing and before the DUI case goes to trial. There are several different types of pre-trial motions and can include Procedural Motions, Substantive Motions and Motions in Limine.

  • Procedural motions can include motions to compel witness interviews, to request evidence from the prosecution, motions to continue, to request a change of venue or a new judge, to request evidence such as blood or urine to be reexamined or motions regarding photo show-ups or identification. The purpose of procedural motions is to help prepare the defense for trial and investigate the State's evidence against the DUI suspect.
  • Substantive Motions are motions of legal substance including the admissibility of DUI evidence form the search, the constitutionality of law enforcement actions, DUI laws and regulations, lack of probable cause, Miranda right violations, the admissibility of witness statements and other evidentiary issues.
  • Motions In Limine are motions made in a DUI trial regarding the flow of DUI evidence in the trial before the trial begins.

DUI lawyers can supply more information about all motions available in the state. Motion deadlines can also vary by state.





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