4 pretrial motions that should be filed, and the danger to you if they aren't. 1. Motion to exclude evidence on the ground that you were unconstitutionally stopped. 2. Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure. 3. Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer. 4. Motion for disclosure of all Crown evidence.
If these motions are not filed by an experienced criminal defence lawyer, your case may not be dismissed when it should have been. Plain and simple.
7 defence strategies in pre-trial motions:
1. Challenge the constitutionality of the stop. 2. Challenge the constitutionality of the administration of roadside tests. 3. Challenge the constitutionality of the probable cause to arrest. 4. Challenge whether the appropriate Charter warning were administered. 5. Challenge how the roadside tests were given. 6. Challenge the use of any blood or breath test. 7. Challenge the constitutionality of any search and seizure.
If you are considering facing impaired driving charges yourself or if you are choosing a defence lawyer for your case, consider these numbers...they count!
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