Question: What are pre-trial motions? What pre-trial motions do you file most often in Michigan OWI cases?
Answer: Pre-trial motions cover a wide range of issues. They may include motions to obtain a particular evidence, or they may seek to eliminate or suppress certain evidence, like a chemical test or field sobriety tests or even statements. A pre-trial motion may also seek to dismiss the case entirely based upon an illegal traffic stop or lack of probable cause to arrest. Whether to file a motion often depends on the strategy that we develop for each individual case. Although each case is individually specific, the most common motion is likely a motion to suppress field sobriety tests, considering many officers fail to follow the standardized requirements under the National Highway Traffic Safety Administration. Evidence is admitted into a case if it is: one, relevant; and two, reliable. The argument is that field tests are certainly relevant in most cases, but many are extremely unreliable especially if they are not conducted properly.