If you decide to take your OUI case to trial in Massachusetts, the court will likely schedule a trial readiness conference (TRC).
TRC usually takes place a month or two before trial.
Its purpose is to sort out potential evidentiary disputes before trial.
This is done by both sides (defense counsel and prosecution) through motions in limine.
There are certain motions in limine that defense attorneys routinely file in advance of an OUI trial. Here are the most common:
- Motion to exclude the horizontal gaze nystagmus (HGN) test.
- Motion to exclude the portable breath test or, alternatively, the defendant’s refusal to take the portable breath test.
- Motion to exclude the defendant’s refusal to take the chemical breath test (i.e., the breathalyzer).
- Motion to sequester witness.
I discuss each of these motions in more detail in the video below: