![]() ![]() ![]() What I offer is intelligent, quality DUI Defense at an exceptional price. ![]() A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in Phoenix DUI Defense Representation. The same is true for the lawyers claiming to do DUI Defense, Criminal Cases, Accident Cases, and Divorces. Being "aggressive" isn’t the same as being good and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client. They use these phrases because they think people want to hear them. Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. If you’re looking for a divorce attorney, tax attorney, or civil attorney, I can comfortably say, "I’m not the one for you."Ĭoming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice. I have spent my entire career focused on Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years. Call 48 or 60 for a Free Initial Consultation. Sloan immediately for a solid and strong DUI defense strategy. If you are facing a DUI charge in Arizona, get in touch with the law offices of Brian D. He or she will also know that motions must be plausible and material. An experienced attorney will know that the pre-trial motions have to be filed early and adequate legal research and proper legal citations must be included in the motion. Pre-trial motions are most effective when they are determined and filed by an experienced criminal defense attorney. However, exceptions may be granted by the court if reasonable diligence was exercised. Motions to dismiss charges may be raised at any timeĪny motion, defense, or objection that is not made timely will be precluded.Opposing party has 10 days to file their response.Motions must be made 20 days before trial.In case the defendant is convicted of the crime, pre-trial motions assist the parties and the judge to determine the appropriate DUI penalties the person will be facing.Īccording to the Arizona Criminal Rule of Procedure 16, the following provisions or requirements must be met: You also get an idea of how much negotiating room your DUI attorney has with the prosecution to get your charges reduced. Based on the ruling given by the judge, it determines whether or not your DUI case even goes to trial. However, he or she must be able to present an effective argument for the court to be able to ‘grant’. Your defense attorney may file any of these motions for a number of reasons. Prohibiting the use of any prior conviction.Excluding certain evidence or testimony from being admitted in court.Reducing the charges from a felony to a misdemeanor.Modifying release conditions that seem unduly harsh or unjustified.The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling.Īt a DUI pre-trial motion, the defense attorney can raise specific concerns and questions to the judge. This ruling could either be a ‘grant’ or ‘denial’. Both sides are allowed to argue their position and the judge will then rule on it. Once a pre-trial motion is filed, a short hearing is held with the judge where both the defense attorney and the prosecutor are present. Motion to Strike Prior DUI/DWI Convictions.The following types of motions can be filed: The Pre-trial motion practices take place before the trial, following the defendant’s arraignment. Pre-trial Motions Defined Under Arizona Rules Attendance and Matters for Consideration at a Pretrial Conference.The following sub-sections are listed under Rule 16 of the Arizona Rules: Pre-trial motion practices for both the prosecution and defense in DUI or criminal case are governed by Rule 16 of the Arizona Rules of Criminal Procedure. Pretrial Conferences Scheduling Management This evidence could include the breath or blood test result, or field evaluations. Usually, motions request that some part of the State’s evidence be excluded from trial when the case goes to court. A motion is simply a request made of the court to grant some relief in a case. If a case cannot be resolved without a trial, both the defense and the prosecution are given an opportunity to file motions, called the pre-trial motions.
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