New motions designed to defend against DWI charges by Greensboro attorneys were written by GWA&O.
The new motions include objections to every potential DWI prosecution strategy; they are essentially a “DWI Kitchen Sink Suppression Motion.” Greensboro top rated DWI attorneys have vetted the new language at trial. The worry is that citizens charged with a DWI or DUI may not have access or understand the new time limits to file such motions. If you have been charged with a DWI, contact the top rated DWI lawyers at Garrett, Walker, Aycoth and Olson – we can guide you through the process, or even simply offer advice.
The language of the motion is as follows:
Now comes the defendant by and through undersigned counsel, and respectfully moves the court to suppress all evidence in the above captioned case, based on the violation of the defendants rights pursuant to, but not limited to: North Carolina statutory authority, the 4th, 5th, 6th, and 14th Amendments to the United States Constitution and Article I Sections 1, 6, 18, and 19 of the North Carolina Constitution, as specifically applied to but not limited to, and as preserved by the following Motion to Reserve All Rights and Privileges, the stop of the motor vehicle, the statements made by the defendant, the probable cause to arrest the defendant, the length of the detention of the defendant, and the results of the BAC and/or lack thereof, in particular, reasonable suspicion to stop defendant.
The defendant specifically, without limiting or waiving any other rights as requested to be reserved in this motion, requests all evidence relating to the stop of the defendant to be suppressed, reasonable suspicion to approach the defendant, retention of the defendant for an illegal or improper length of time, the probable cause to arrest the defendant to be suppressed, and investigatory or hearsay issues, and the alcohol breath test to be suppressed.
Furthermore, but not limited by the above motion and request for motion to suppress, the defendant, by and through undersigned counsel, respectfully moves the court to reserve ruling and to allow the defendant to exercise her rights pursuant to; but not limited to; the 4th, 5th, 6th, and 14th Amendments to the United States Constitution and Article I Sections 1, 6, 18, and 19 of the North Carolina Constitution.
The undersigned counsel shows the Court that he has not received formal discovery from the State, nor does he have complete knowledge as to how evidence is to be presented.
Therefore, he requests and moves the Court to allow him the opportunity to object or make motions to protect the defendant’s rights as granted by our laws and established by our Courts.
Due process and the land of laws clauses allow the defendant the right to a fundamentally fair hearing. To bar the defendant from using his constitutionally protected rights would run afoul of all Federal and State protections.
In the alternative, the defendant moves that the State be ordered to present it’s case “In Limine” before the actual trial of the defendant takes place, to ensure the defendant has a fair opportunity to defend himself.
Furthermore, pursuant to N.C.G.S. 20-139.1, the defendant demands the appearance of any chemical analyst and objects to the introduction of all chemical analysis tests, and does not waive the appearance or testimony regarding any aspect of the State’s intention to introduce into evidence any breath, blood or urine tests or analysis.