This is a law-court. You do not want something reasonable, you want something technical and then stick to it without explanations.
- You should always try and suppress the results of the state-administered chemical sobriety test (breath, blood, etc.)
- You should challenge both the officer’s articulable suspicion to stop you and his probable cause to arrest you for DUI.
- You should try to suppress the roadside alcohol screening tests. One way is to show that the use of the alcosensor device by the officer was not an approved device, so it’s an illegal search.
- You should make foundational challenges to the results of the Horizontal Gaze Nystagmus test coming in.
- You may need to make a motion to recuse the judge if there’s bias from an extra-judicial source. Bias comes from many things. Some of these things are a pecuniary interest, family relationship, or prior service as attorney or judge.
- Try and suppress the field sobriety tests because the defendant was in custody and no Miranda warnings were read.
- Make a motion to change the vocabulary for these field sobriety tests. The court has ruled that the word “test” is a misnomer.
- File “source code” challenges (alleging the computer’s program failed to operate properly) for any case where you attempted to blow.
DUI Defense Motions We File In Every Case in Savannah, Georgia
- Entry of Appearance
- Demand for Copy of Accusation and List of Witnesses
- Request for copies of scientific reports and full information on chemical testing
- Motion for disclosure of items arguably subject to suppression and preliminary motion to suppress
- Motion to compel production of law enforcement’s rough notes
- Demand for Statutory Discovery
- Notice of Discovery
- Motion for Discovery in DUI Case
- Demurrers (Motion to Quash): For example, the accusation for “driving too fast for conditions” must state what the conditions were and how fast you were driving
- Motion Reserving the Right to File Additional Motions
- Motion to Suppress Statements of the Defendant Made to Police and Request for Jackson-Denno Hearing
- Motion for Pre-Trial Disclosure of Any Possible Basis for Judicial Recusal
- Motion in limine to exclude evidence of defendant’s statements and acts gathered in violation of the fifth and fourteenth amendments and O.C.G.A. § 24-9-20
- Motion in limine to exclude evidence seized in violation of the Fourteenth Amendment to the United States Constitution and Article I Section I Paragraph XIII of the Constitution of the State of Georgia
- Motion in limine to keep out evidence taken unlawfully by police
- Motion in limine to exclude results of state chemical testing (breath, blood, etc.) on statutory grounds or in the alternative to exclude evidence of defendants alleged refusal to submit to state chemical testing on statutory grounds
- Motion in limine to exclude results of Horizontal Gaze Nystagmus Test
- Motion to suppress initial alcohol screening tests