DWI Pre-Trial Motions White Plains New York NY
Reader’s Question:
It’s nearing the trial phase for my brother’s DWI case here in White Plains, New York. He mentioned that they would still have to go through the pre-trial motions. Could you please explain what pre-trial motions mean and what would the defense usually have to do during that stage?
Reed
White Plains, NY
A motion simply means an application by the lawyer seeking some type of relief from the Judge. The motion would be presented to the Trial Judge either a written formal motion or orally in an open court. Through a motion, it would bring a limited, contested matter before a court for decision. This could be thought of as a request to the judge to make a decision about the case.
The defense of your brother’s DWI case in White Plains, New York could ask the judge for relief to compel the state of New York to supply discovery, to suppress or exclude statements based on the lack of a knowing and intelligent waiver of Miranda rights and suppress or exclude evidence based on some constitutional defect such as an unlawful DWI stop and detention of your brother. They could also ask to limit the testimony of the State witnesses or to preclude witnesses from using the term “fail” with regard to your brother’s performance on field sobriety tests. In pre-trial motions, the defense could also ask to dismiss the charges because of the State’s failure to afford your brother his constitutional right to a speedy trial and possible exculpatory evidence or the State’s inability to sustain the DWI charge.
Tags: DWI, DWI lawyer, DWI trial
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