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Florida aggressively prosecutes driving under the influence cases, even for first-time offenders. If you are convicted of DUI, you could face harsh penalties, such as a jail sentence, hefty fines, and a suspended driver’s license, that can upend your life. However, an arrest doesn't have to mean a guilty verdict is inevitable.
At the Law Offices of Robert David Malove, our Charlotte County DUI defense lawyers know that pre-trial motions can make all the difference in the outcome of your case. Attorney Robert Malove has been defending clients facing DUI charges since the 1980s. He’s a founding member of the National College for DUI defense and Florida Bar Board Certified as an “expert/specialist” in criminal trial law. Robert is here to use all available defenses and pre-trial motions to help you get your DUI charges dismissed or reduced to a less serious offense.
What is a Pre-Trial Motion in a DUI Case?
A pre-trial motion is a formal written request asking the judge to decide on a specific issue before the case goes to trial. In the context of a DUI, these motions often seek to exclude certain pieces of incriminating evidence so they can't be presented to a jury.
DUI pre-trial motions set the stage for your entire defense. When successful, they force prosecutors to negotiate from a weaker position. In some cases, the State's case falls apart without key evidence, resulting in reduced charges or a complete dismissal.
Benefits of Filing Pre-Trial Motions in a Charlotte County DUI Case
Challenging the evidence against you through pre-trial motions is a very effective defense strategy in a DUI case. Here are some ways our experienced DUI defense lawyers can use pre-trial motions to fight your charges:
- Exclude improperly obtained evidence. If officers lacked probable cause for the initial stop, conducted field sobriety or chemical tests improperly, or violated your constitutional rights, related evidence may be thrown out.
- Undermine the prosecutor's case. Without key evidence like blood alcohol tests, incriminating statements, or officer observations, the State has a much harder time proving each element of DUI under Florida Statute § 316.1931(1) beyond a reasonable doubt.
- Negotiate for lesser charges. We may be able to negotiate a favorable plea bargain with the prosecutor to reduce your DUI to a less serious offense if successful pre-trial motions have significantly weakened their case.
- Get your case dismissed. Depending on the evidence excluded in your case, the prosecution may decide they cannot proceed with the charges, or the judge could dismiss the case.
At the Law Offices of Robert David Malove, we conduct a thorough investigation to identify all possible grounds for filing pre-trial motions. Our proactive approach can help you avoid the life-altering consequences of a DUI conviction on your career and other aspects of your life.
What Are Common Grounds Raised in Motions to Dismiss DUI Charges?
There are several bases for seeking dismissal of a Charlotte County DUI case before trial. By scrutinizing every aspect of the prosecution's case, our skilled legal team can identify flaws and inconsistencies to raise in pre-trial motions. Here are some common issues our lawyers may be able to raise in pre-trial motions to get your case dismissed:
- Lack of probable cause for the stop. Police can't pull you over on a hunch. They must have a reasonable suspicion of criminal activity or a traffic violation. If the initial stop was unlawful, all evidence gathered after you are pulled over may be suppressed.
- Improperly administered field sobriety tests. Tests like the walk-and-turn, one-leg stand, and the horizontal gaze nystagmus test must be conducted in a standardized manner to be considered valid. We can challenge the results when officers deviate from established protocols when conducting the field sobriety tests.
- Inaccurate breath or blood tests. Breathalyzers must be regularly calibrated and maintained to provide reliable BAC readings. Blood samples can be mishandled or improperly stored. We closely examine the testing process for any missteps that could invalidate the results.
- Constitutional violations. The police may have violated your constitutional rights when arresting you for DUI. For example, if you were subjected to custodial interrogation without being advised of your right to remain silent and have an attorney present, statements made to police may be inadmissible.
How Our Charlotte County DUI Defense Lawyers Can Help
Fighting your DWI charges is not something you should try to do on your own. Achieving dismissal or reduction of DUI charges through pre-trial motions requires an attorney with intricate knowledge of Florida's DUI laws and advanced litigation skills. At the Law Offices of Robert David Malove, we've been successfully defending the rights of the accused for decades.
When you entrust your case to us, we will:
- Meticulously investigate the circumstances surrounding your arrest
- Gather and preserve all potentially favorable evidence we can use in your defense
- Identify grounds for filing pre-trial motions to suppress evidence or dismiss charges
- Forcefully argue motions before the judge and protect your rights in court
- Negotiate with prosecutors for dismissal or reduction to lesser charges
- Take your case to trial and present the strongest possible defense if necessary
