Pre-Trial Motions

If you have been charged with a drunk or drugged driving offense in the New York City area, you can take action to preserve your rights. After an arrest for DWI, pre-trial motions are often part of a thorough defense strategy. At Tilem & Associates, our Westchester County DWI attorneys are prepared to argue appropriate pre-trial motions that may work to your benefit in a DWI case. We are diligent in developing individualized defense strategies against each DWI client’s charges, and can assist you throughout the proceedings.

A motion is a formal request made to the court, asking the judge to do something. Some motions are made verbally in court, while others are written documents filed with the court. The notice of motion itself is generally a short statement of the relief sought by the defense and the rule or legal authority for the request. Along with a written notice of motion, a defense attorney may file a legal brief, an affirmation which lays out certain facts signed by the attorney and/or an affidavit signed by the client, which are legal documents that fully explain the law and the defense’s argument. The brief generally includes statutes, rules, and case law that is relevant to the defendant’s position to support a decision granting the motion.

Your attorney may discuss the pre-trial motion with the prosecutor before filing it with the court. Occasionally, the prosecution may agree to the terms requested by the defense. In that instance, the parties may present an agreed order and ask the court to enter it, or there may be no need for the matter to be brought before the court at all. If the prosecution opposes the motion, as is common, the defense counsel will proceed with presenting the motion to the court. Many times, a hearing will be held before the judge to assist in determining whether the motion should be granted. Witness testimony and other evidence may be presented in some types of hearings.

Pre-trial motions may be filed for various reasons in a New York DWI case, depending on the circumstances. Discovery motions seek information or documents. In a DWI case, the defense may ask to split the blood or urine sample so that independent testing may be conducted. A discovery motion may also be used to request information concerning the arresting officer, including his personnel file.

In a suppression motion, the defense asks the judge to exclude specific evidence from court. The motion may be based on an alleged violation of the defendant’s constitutional rights, failure to follow procedures, prosecutorial misconduct, or other grounds. For example, if you were driving safely and the police had no probable cause to pull you over, the court may rule that the evidence obtained from the illegal stop, e.g., breathalyzer test results, your statements, etc., must be excluded from evidence. Likewise, if you were not given Miranda warnings, the court may exclude the statements that you made to the police while in custody.

A successful DWI pre-trial motion may have a significant impact in resolving a charge favorably for the defendant. When a judge grants a suppression motion, the prosecution will not be allowed to use the evidence against the defendant. If the evidence is necessary to prove the DWI charge, the prosecution may not have enough evidence to bring the case to trial. In such situations, the prosecution may be compelled to dismiss or lower the DWI charge, or the defense may move the court for dismissal. If a successful motion does not lead to dismissal, it may nevertheless be used by the defense to negotiate with the prosecution. Without key evidence, the prosecution may be willing to offer or agree to a more favorable plea deal for the defendant.

At Tilem & Associates, we consider every legal angle when defending our clients against drunk driving charges. If you have been arrested for a DWI offense, our Westchester County lawyers can start working on your case immediately. We advise individuals residing throughout Bronx, Kings, Queens, Nassau, Rockland, Suffolk, Richmond, and Putnam Counties. Contact Tilem & Associates to request an initial consultation by calling 877-377-8666 or submitting our contact form online.

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