Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

What happens during pre-trial motions?

On Behalf of | Nov 12, 2020 | DUI - Drunk Driving |

In the state of Oklahoma, most DUI cases never reach a full trial. However, if the defense decides to argue their case in court, the trial will be preceded by pre-trial motions. What happens in the pre-trial motions could have a strong influence on the rest of the trial.

What happens during the pre-trial motions?

During the pre-trial motions, the defense may submit a request for certain evidence to be excluded. They might also argue for certain arguments to be excluded or for the case to be dismissed altogether.

Pre-trial motions often concern illegally obtained evidence. For example, if the police found bottles of alcohol in your car after an illegal search, your attorney might argue that the evidence should be thrown out. They may also argue that the results of your sobriety tests should be excluded if the tests were administered improperly. This could prevent the prosecution from presenting false evidence during a DUI trial.

Additionally, your attorney may argue that any previous convictions shouldn’t be considered during the trial. This might result in reduced punishments during the sentencing process. If you feel that you faced harassment or discrimination during your arrest, the officer’s conduct could also be brought up during the pre-trial motions.

Who may help you during a DUI trial?

An attorney might be able to protect you from the punishments you face during a DUI trial. If you were treated unfairly at any point during the arrest, your attorney may be able to get certain evidence thrown out in court. They might even get the case dismissed if the behavior was serious enough.

Additionally, your attorney may argue for a more lenient sentence and work to prevent the judge from suspending your license. You might be able to maintain your independence and keep your driving privileges.