You understand the consequences when charged with DUI, and they are never good. That is why having an experienced and skilled criminal defense attorney on your side is essential. He or she relies on critical strategies that may get the case against you dismissed. One such strategy is the “Holup motion.”
A judge will dismiss a DUI charge if the prosecution fails to produce “discovery” within a certain deadline – usually 30 days – as created by the court. A Holup motion is a motion to dismiss the charges and represents a legal tool to your advantage.
Whether a prosecutor’s oversight is intentional or unintentional, his or her mistake works in your favor. A Holup motion comes into play when prosecutors fail to provide discovery despite the fact that your criminal defense attorney has requested it time and time again.
Discovery is the process in which prosecutors and defense attorneys exchange information regarding evidence and witnesses presented during a trial. Discovery allows defense attorneys to seek and review every piece of evidence prosecutors plan to use against their clients. In turn, defense attorneys share information with them.
Such a procedure is geared toward preventing any trial surprises. This can happen when one side fails to learn about certain evidence, providing an advantage to the other side. As a result, the side at a disadvantage has almost no time to provide responding evidence. Discovery in DUI cases may include witness depositions via videotape and written transcripts as well as police reports, videos, documents, images, photographs and scientific findings.
The Holup motion is an effective tool relied upon by New Jersey criminal defense attorneys in cases such as DUI. Sometimes, prosecutors are not forthright with their evidence or do not plan well. As a result, your case will get dismissed.