THE KAVINOKY LAW FIRM

In a California drunk driving case, during the time between the arraignment (which is the first formal court appearance) and the trial, the DUI defense lawyer can file a variety of motions.  A motion is, quite simply, a formal request that the judge order something.  Generally, these motions are in writing, especially if they are pretrial motions (as compared to motions made during trial, often based on events that have just happened during the criminal trial).

If you’ve been arrested for a California DUI or related drunk driving crime, you will certainly be in a better position to make decisions regarding your case, and your selection of an attorney, if you have some understanding of the criminal court process, and the different types of motions that a DUI defense lawyer might file on your behalf.

The number and types of motions that can be brought following a California DUI arrest are limited only by the expertise and creativity of the defense attorney as inspired by the unique facts of an individual drunk driving case.  Motions may include a request for a lineup, if identification of the driver is at issue; motions to strike prior convictions, if there were any prior DUI convictions; motions to bifurcate the trial, to decide whether the defendant suffered prior convictions in a separate proceeding; motions “in limine,” which are pretrial motions to limit or exclude reference to certain facts.  However, the most common pretrial motions in DUI cases are typically the discovery motion, the motion to suppress illegally obtained evidence, and the Pitchess motion.

Discovery Motions

Generally speaking, it is at the arraignment that you will be provided with the DUI arrest reports that support the prosecutor’s filing of the charges.  This narrative report will include such things as the arresting officer’s first observations of you, your driving patterns, details about the traffic stop, the officer’s observations of any signs and symptoms of intoxication, your performance on field sobriety tests, the results of any pre-arrest screening test, the results of any post-arrest chemical test, and any other comments that the officer deems relevant to the DUI arrest.  However, this is not the end of the story.

The defense will undoubtedly want more information than is contained in this narrative arrest report, and usually, in order to get it the defense attorney will be required to file a motion for additional discovery.  The items that will be sought in this discovery motion will vary, depending upon the unique facts of the case.  Typical items may include such things as the training manual that the arresting officer received in the academy, since if the arresting officer didn’t act in accordance with his or her training, the conclusions that they reached are suspect; the accuracy checks, usage logs, and maintenance history of the pre-arrest or post-arrest breath test, to determine whether the machine that was used was properly maintained in accordance with Title 17 of the California Code of Regulations or the arresting agencies’ internal standards; or, in the case of a blood sample, a discovery order that the sample be split for independent testing by a defense laboratory, so that blood alcohol levels can be compared, and the sample can also be checked to determine if it was properly preserved at the time of the blood draw.  There may be audio or video tapes, transcripts, field notes made by the officers, lab reports, schematics of the electrical outlets in the breath testing room, and much more that the prosecution will not voluntarily turn over without a court order.

In order to make a motion to compel the turnover of additional discovery, the defense lawyer first must make an informal request for discovery.  If that informal request is denied, or not acted upon for the requisite period, then the DUI defense attorney can go into court and seek an order from the judge that the requested items of discovery be turned over.

Motions to Suppress Evidence

It is fundamental to our system of justice that evidence that is illegally obtained must be suppressed as a violation of the Fourth Amendment to the United States Constitution.  Evidence that is seized without a warrant is presumed to be unreasonable, unless it was seized pursuant to an exception for the warrant requirement.  There are many opportunities for law enforcement officers to violate the rights of defendants in a DUI case.

Suppression of evidence in a DUI case can be based on the initial traffic stop being unjustified, whether it is an inappropriate DUI checkpoint or a traffic stop made without sufficient legal cause; it may relate to the facts surrounding the chemical test, which can also warrant the possible suppression of evidence, especially if excessive force was involved; suppression may apply to an improper pat-down or search of your wallet or purse;  it may relate to the absence of probable cause to arrest you for drunk driving, even if there was legitimate cause to make the stop.  Experienced DUI defense lawyers will also seek to suppress any illegally obtained statements made by you.  One of the primary functions of the criminal defense attorney is to engage in “quality control” of the prosecution’s case.  That is, no evidence should be admitted against the accused unless it was properly and legally obtained.

The benefit of a successful motion to suppress evidence can be far-reaching and often result in the dismissal of the charges.  All evidence that is illegally obtained, as well as the “fruit” of that “poisonous tree” of illegally obtained evidence must be suppressed.  Often, this leaves the prosecution with no choice but to dismiss the DUI charges.

Pitchess Motions

There is a special kind of discovery motion called a “Pitchess” motion.  It is called this because it comes from a case called Pitchess v. Superior Court of Los Angeles County.  A Pitchess motion is litigated when the defense is seeking information contained in a law enforcement officer’s private personnel records, especially those complaints that have been made against the officer alleging excessive force, dishonesty, or racial bias.  If you believe that you have been the victim of excessive force or racial bias, or that the arresting officer was dishonest in his or her dealings with you (or dishonest in writing the narrative arrest report), then your DUI defense lawyer can file a Pitchess motion where the identity of anyone else making similar complaints is being sought.  If other individuals have had a similar negative experience with the law enforcement officer in question, these people may be important defense witnesses.

If you’ve been arrested for a DUI anywhere in the state of California, please contact the caring attorneys at The Kavinoky Law Firm at 1-800-NO-CUFFS for a free consultation.