18-3 DUI Motions §18:12
I. GENERAL POINTS
§18:01 Motion Practice
Careful motion practice plays a part in the overall
strategy in defending drunk driving cases. A successful
motion can bar the introduction of a defendant’s state-
ment, or strike an unlawfully obtained prior conviction.
due to an unlawful detention prohibits the use of any
evidence obtained after an unlawful stop.
This chapter explores the primary motions used in
some writing suggestions to the harried and hurried lawyer.
§18:02 Tangential Benefits to Motions
While the primary purpose of motions is usually to
if the motion does not ultimately prove successful in
accomplishing the primary purpose of exclusion.
Some of the peripheral benefits that may be
achieved by a suppression motion are:
• Creating a record for appeal on an issue.
cases. [Filing a suppression motion will give
you an opportunity to make courtroom contact
with the prosecutor. This contact may lead to
movement in an otherwise intractable case, even
with an unsuccessful motion. The movement
may be positive or negative—but the motion
creates the opportunity for movement. See
Chapter 20, Coordinating the Attack in Trial.]
• It can also showcase your skill to the oppos-
ing counsel. This may change the settlement
dynamics in a case.
II. WRITING SUGGESTIONS
§18:10 Why We Write
The only reason one writes is for the reader. This is
true whether you are scribbling in a diary, or drafting a
petition for certiorari. This guiding principle as to why
one writes should govern all of your legal writing. Make
your briefs inviting, interesting and above all else, read-
able. Which is more inviting - a massive single-spaced
quote in a brief, or a quote that makes the same point in
two or three lines? Which is more readable, a brief that
is littered with bold lettering, or a brief where the key
points are occasionally accented with italics? If you are
mindful of the fact that the only reason one writes is for
the reader, the answers to the preceding questions, and
a host of other writing problems, become much easier
turn leads to winning motions.
some of her favorite writing tips, covering some of the
most common writing problems for attorneys. The tips
are meant to help lawyers who write briefs in the real
world - which means, in the world of deadlines. Before
turning you over to Lara, I pass along one of my own
favorite writing tips, a tip concerning how vital it is to
have someone edit your writing. Unless you are William
Shakespeare, everyone needs an editor.
§18:11 Sentences and Symphonies
“It’s none of their business that you have to learn
to write. Let them think you were born that way.”
— Ernest Hemingway
Like a good symphony, good sentences end with
a crescendo. In the English language, the end of a sen-
tence holds the emphasis. When writing a sentence,
place the words that make your point at the end.
Suppose you want to make the point that on a
instructions. One might write:
The ocer gave the wrong instructions for the
Walk and Turn test.
The instructions the ocer gave for the Walk and
Turn test were wrong.
In the second example, placing the word wrong at
In the haste of real life legal writing, there is an
easy way to avoid composing some sentences with mis-
placed emphasis. Try not to end a sentence with a date
or a name. Rarely do dates or names hold the intended
dates and names go at the beginning of a sentence, or in
the middle. A symphony’s crescendo lies at the ... end.
§18:12 Adverbs: The Road to Hell
“I believe the road to hell is paved with adverbs.”
— Stephen King,
On Writing: A Memoir of the Craft