Category: Pre-trial motions

Why’d the police stop you?  This is an important question that could lead to multiple motions in your case. Why did the cops pull you over?  A criminal defense attorney should always ask you this question at your initial consultation.  Whether you’re facing a drug case, a drunk driving case, or any other case that…

Horizontal gaze nystagmus The HGN test is the most accurate of the three tests.  The test has a 77% accuracy rate in detecting when blood alcohol levels are above .10%.  Nystagmus itself is involuntary jerking or bouncing of the eyeball.  The jerking or bouncing makes it appear that the pupil is being pulled back towards…

Clarification of the Castle Doctrine: At least one case helped clarify the castle doctrine.  In State v. Chew, the Court of Appeals was tasked with determining whether the doctrine applied (whether a jury instruction should be given) when Mr. Chew fired shots from the hall in his apartment and the doorway of the apartment building…