Stephen H.: Hello, my name is Stephen Hamilton and I’m a DWI trial attorney board certified in criminal law. I practice in Lubbock, Texas and the surrounding areas and today’s DWI video clip is what are pretrial motions and how are they helpful in your case?
Stephen H.: If you’ve reached the point in your case that is actually going to trial, before the trial, the court is going to conduct what they call a pretrial hearing. The reason that’s important is we want to make sure that we try to limit anything that is bad for us and potentially try to keep it out.
Stephen H.: So for example, if I have an officer who is saying that he’s been involved in many DWIs, and many DWIs are very serious wrecks and people die, well that could be prejudicial to you if your case was simply a speeding case and so we want to find out what the officer’s going to say and try to keep out areas that would be prejudicial.
Stephen H.: We want to make sure that we have all the discovery. If there’s three videotapes in the case, then you’re entitled to have three videotapes and not have two videotapes turned over and one that would help your case held back.
Stephen H.: So basically pretrial motion lets us litigate or contest issues before they actually go in front of the jury. That’s why they’re important in your case to make sure that we try to get good stuff in and if we can, keep bad or issues that we would be concerned about, areas out. You never really know until you get in front of the judge, that’s why you have to have this particular hearing.
Stephen H.: DWI pretrial motions should be done in every case. You need to know what it is that the other side, the state, is going to try to get in front of a jury trial so we can figure out if it hurts us, how we deal with it, if it’s helpful, how we work with it.
Stephen H.: That’s it for today’s video tip. My name is Stephen Hamilton. If you find that information helpful, do me a favor, hit the like button at the bottom, send the information to your friends and family, either on Facebook or on YouTube. If you have any questions at all, please give me a call at the office 794-0394 and I hope you have a great day.