What are Motions in Limine?
Motions in limine are motions presented to the court prior to the beginning of a jury trial. The presented motions are presented to the court in an effort to have the court limit or restrict the evidence to be presented by the other party. Each party may present their proposed motions in limine to the court for review and approval. The judge determines whether these motions are adequate and should be implemented. The motions can range from excluding witnesses from the courtroom to suppression of particular comments directed to the jury from witnesses.
Why are they important?
Motions in limine are invaluable for both sides. In the criminal context they assist the court with the natural flow of the case and preclude unwarranted or impermissible comments from either party or the party's witnesses. It is essential your attorney present applicable and succinct motions to the court to restrict impermissible testimony.
What happens if a party violates a motion in limine during trial?
If a party or a party's witness violates a motion in limine during trial the court may either simply move to strike the impermissible testimony, instruct the jury via a limiting instruction, or may grant a motion for a mistrial brought by the aggrieved party. Some examples of why a mistrial might be granted would include a witness presenting testimony that was suppressed (for example if a witness mentioned the results of a blood test that had been suppressed due to a protocols violation, etc.).
Having conducted numerous jury trials I am extremely familiar with motions in limine. It is essential in the DUI context your DUI attorney knows how to both present these and argue them effectively and the tendency of certain judges to exclude particular evidence or restrict how witnesses may testify.
As a Seattle DUI Lawyer I am very familiar with how courts and judges apply these motions. If you need a DUI Attorney, give us a call today to discuss your case (425) 398-4323 or (844) DUI-GONE.