Attacking the Prosecution’s Case Through Pretrial Motions

At Springstead Bartish & Borgula Law, experience has taught us that some times a good offense is the best defense. That’s why we believe in aggressively attacking the prosecution’s case in pretrial motions when the circumstances call for it. The benefit of filing pretrial motions include, but are not limited to, giving the client a clear shot at winning their case before trial, exposing the weaknesses in the prosecution’s case, and learning more about the prosecution’s case prior to trial. Common motions include challenging:

  • The factual or legal basis for a traffic stop
  • The admissibility of the field sobriety tests
  • The admissibility of the P.B.T. to support probable cause
  • The validity of a warrantless arrest for drunk driving
  • The admissibility of the breath or blood tests

We do not, however, indiscriminately file motions in court, in part, because we want prosecutors and judges to know that when we do file a motion, it must have merit. In addition, we always discuss with our clients the pro’s and con’s of filing a pretrial motion along with the likelihood of success, based on our experience. This way our clients can decide for themselves whether it is worth it to them to incur the additional cost associated with filing such a motion.  Some clients want to fight the charges no matter the cost or the likelihood of success.  Others only want to pay for a fight they are pretty sure they can win.  At Springstead Bartish & Borgula Law, we can tailor a defense to your needs without compromising our efficacy.

We begin each case by discussing the facts of the case with our client and carefully reviewing the police report and other evidence in the case.  We then identify any mistakes that were made by police and any gaps in the prosecution’s proof.  Based not the facts of the case, including our client’s criminal history (if any) and the prosecutor and court assigned to the case, we are usually able provide our clients with a rough assessment of the likelihood of success of any legal challenges available to our client.  Then, in consultation with our client, we map out a course of action that we believe will give us the best chance of meeting our client’s goals.  We can’t guarantee that we will win every case or reach the goal set by the client, but we do guarantee that we will try our best to do just that.  Our client’s seem to appreciate this approach (and we even surprise ourselves sometimes).

For a free analysis of whether you might have a pretrial motion worth pursuing, call the Drunk Driving Defense Team at Springstead Bartish & Borgula Law now.