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Defense Strategy

Posted on:10/13/2012
The DUI defense strategy may include challenging the government's collection of evidence against the defendant on constitutional grounds.


The DUI defense strategy may include challenging the government's collection of evidence against the defendant on constitutional grounds. To carry out this strategy, the defendant may file motions to suppress evidence, arguing that the evidence was seized in violation of the Fourth Amendment or that incriminating statements were obtained in violation of the Fifth or Sixth Amendment.

 

Depending upon the outcome of these motions to suppress and the nature of the evidence suppressed, the government's case may not be able to proceed and the case against the DUI defendant may have to be dismissed. For example, if the DUI stop itself was unconstitutional, then the evidence collected will be excluded from the case and the government will not be able to proceed with the case.

 

During the pretrial process, the government and defense have certain obligations with respect to sharing evidence. For example, the government is obligated to share information that tends to show that the defendant might not have committed the crime.

 

Additionally, both sides must give notice of potential witnesses and experts to be called during the trial, and the defendant must provide notice as to whether certain defenses, such as the insanity defense, will be presented during the trial. This pretrial exchange of information is intended to allow both sides to fairly and adequately prepare and present their cases and avoid the disruption and surprise associated with "trial by ambush."


  
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