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Effective Pre-Trial Motions Can Lead To A Dismissal Of A DUI Charge In Arizona

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. A motion is simply a request made of the court to grant some relief in a case. Usually, motions request that some part of the State’s evidence be excluded from trial when the case goes to court. This evidence could include the breath or blood test result, or field evaluations.

Rule 16. Pretrial Conferences; Scheduling; Management

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. The following sub-sections are listed under Rule 16 of the Arizona Rules:

  • Purposes of a Pretrial Conference
  • Scheduling
  • Attendance and Matters for Consideration at a Pretrial Conference
  • Pretrial Orders
  • Final Pretrial Conference and Orders
  • Sanctions

Pre-trial Motions Defined Under Arizona Rules

The Pre-trial motion practices take place before the trial, following the defendant’s arraignment.

The following types of motions can be filed:

  • Motion in Limine
  • Motion to Suppress
  • Discovery Motion
  • Pitchess Motion
  • Motion to Strike Prior DUI/DWI Convictions

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. Both sides are allowed to argue their position and the judge will then rule on it. This ruling could either be a ‘grant’ or ‘denial’. The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling.
DUI Pre-Trial Motions

At a DUI pre-trial motion, the defense attorney can raise specific concerns and questions to the judge. These concerns could include:

  • Modifying release conditions that seem unduly harsh or unjustified
  • Reducing the charges from a felony to a misdemeanor
  • Excluding certain evidence or testimony from being admitted in court
  • Prohibiting the use of any prior conviction
  • Complete dismissal of charges

Your defense attorney may file any of these motions for a number of reasons. However, he or she must be able to present an effective argument for the court to be able to ‘grant’. Based on the ruling given by the judge, it determines whether or not your DUI case even goes to trial.

You also get an idea of how much negotiating room your DUI attorney has with the prosecution to get your charges reduced. 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.

Court Provisions

According to the Arizona Criminal Rule of Procedure 16, the following provisions or requirements must be met:

  • Motions must be made 20 days before trial
  • Opposing party has 10 days to file their response
  • Motions to dismiss charges may be raised at any time

Any motion, defense, or objection that is not made timely will be precluded. However, exceptions may be granted by the court if reasonable diligence was exercised.

Contact An Experienced Attorney

Pre-trial motions are most effective when they are determined and filed by an experienced criminal defense attorney. 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. He or she will also know that motions must be plausible and material.

If you are facing a DUI charge in Arizona, get in touch with the law offices of Brian D. Sloan immediately for a solid and strong DUI defense strategy. Call 480-900-0384 or 602-900-0384 for a Free Initial Consultation.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

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brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming 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.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. 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.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. 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 DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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