NYC DWI Attorney Discusses Common DUI Case Motions
I am often asked as an experienced NYC DWI Attorney, about DUI case motions that can be filed. If you are charged with a DWI in the State of New York, it is very common to file motions. A motion is basically a legal document where your lawyer asks the court to grant you certain pre-trial hearings. The prosecutor may consent and agree to those hearings or they may fight against those hearings. Those hearings are to determine whether certain evidence can be introduced against you at your trial. Those hearings can also determine whether or not there is probable cause to arrest you.
As a NYC DWI Attorney, I’ve had cases where I’ve had pre-trial hearings to determine whether or not there is probable cause and had those cases thrown out. In a checkpoint case, it determined that the checkpoint was invalid and unconstitutional and that case was dismissed because the judge felt that case was not a valid checkpoint or someone was arrested for lack of probable cause and therefore that case was dismissed. It’s very important to file motions or at least have a prosecutor to agree to pre-trial hearings. If you’re going to litigate your case to that point, you want that opportunity to have those hearings.
Have you been arrested for DWI and want to know if there are any motions available for your case? Contact experienced NYC DWI Attorney Carl Spector to defend you.