Form 23: Dwi-general Motions

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 23: DWI-General Motions

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817732-572-0500
Attorney for Defendant, d1

STATE

v

d1 Defendant

MUNICIPAL COURT OF ___ SUMMONS
Quasi Criminal Action- DWI
DWI NOTICE OF MOTIONS

PLEASE TAKE NOTICE that on __________ or as soon thereafter as counsel may be heard, the undersigned, counsel for the defendant d1, will move before the above court, for an Order on the attached Motions.

BY: KENNETH A. VERCAMMEN, ESQ.

TABLE OF CONTENTS

Appearance and Arraignment Waiver General Provisions

Pretrial Motions

1. Suppress Evidence

2. Miranda/Privilege

3. Notice of Objection

4. Exclude Breath Tests.

5. Discovery

6. Reciprocal Discovery

7. Speedy Trial

8. Jury Trial

9. Punishment

10. Vagueness

Post Disposition motions Enhanced Penalties

11. Protective Order

12 Stay

APPEARANCE AND ARRAIGNMENT WAIVED

PRE-TRIAL MOTIONS

At a time to be set by the Court, Defendant will move for Orders pursuant to R. 3:10-5, 3:13-1, and 7:7-7, as follows and requests oral argument pursuant to R. 1:6-2(d) to preserve all of defendant's rights and defenses:

1. Suppress Evidence. Defendant will move to suppress, evidence obtained by the State during its investigation of case, pursuant to R. 3:5-7 and 7:5-2, because evidence— ie defendant's person, breath, blood, and/or other things—was seized unlawfully, without a warrant and contrary to U.S. Const. Amends. IV and XIV and N.J. Const. Art.1, para.7. Defendant believes the State will use this evidence in proceedings before this Court on the above captioned charges.

2. Miranda/Privilege. Defendant will move to exclude statements by, and evidence obtained from, Defendant during the...