Have you recently been charged with driving under the influence? If so, you may be confused by the court process, as there are several steps that must be taken before a case actually goes to trial. An experienced DUI defense lawyer can assist you in navigating through the complicated court proceedings.
Step 5. Omnibus Pretrial Motion
The DUI pre-trial motions are important in setting up boundaries for the trial. Both the prosecution and the defense present arguments before the judge in order to keep certain evidence outside of the courtroom (meaning not into evidence). For example, your attorney may argue that you were pulled over without probable cause or without reasonable articulable reasonable suspicion. If the judge agrees, any evidence collected after your stop should not be allowed into evidence in your case. Other evidence that lawyers try to suppress (keep out of the trial) include any self-incriminating statements you may have made to the arresting officer, any physical evidence such as beer cans and any blood test results.
Also during the Omnibus pre-trial motion phase, your defense attorney may decide to enter into a plea bargaining with the prosecutor. It may be possible to negotiate a deal to have a DUI charge reduced to a less serious charge, such as careless driving which is not a criminal conviction and carries a less severe penalty.
By now if you have not hired an experienced DUI Defense lawyer, then it’s still not too late. The highly-trained DUI attorneys of The McShane Firm can spot when your rights have been violated during your arrest. Don’t let this window of opportunity close on you. Contact us today.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.