Fill and Sign the Motion to Bifurcate Form

State of ______________ V. CAUSE NO. ____________ _____________________ DEFENDANT (Name of Defendant) Motion to Bifurcate Trials Comes now ___________________ (Name of Defendant) , Defendant, in the above- captioned cause, who, by and through his attorney moves the Court to bifurcate the trial on the subsequent offense driving under the influence of alcohol, as well as the trial on operating with a suspended license. As reasons therefore, the Defendant asserts the following: 1. Evidence of prior convictions are not admissible before the jury on the Defendant's charge of operating under the influence. See ________________________________________ ____________________ (citation of applicable state statute) . 2. With regard to the charge of operating after a license suspension, an element of the State’s case is to prove that the Department of Motor Vehicles had notified the Defendant that his right to operate had been suspended. In this case the Defendant's license was allegedly suspended for a prior Operating Under Influence charge. The Department of Motor Vehicles documents records, even if redacted, could lead to a direct or circumstantial inference that the Defendant had operated without a license due to a prior operating under the influence charge. As such, evidence on such a charge may indirectly lead to evidence of the Defendant's prior convictions and further may constitute bad acts evidence. Additionally, such evidence would substantially prejudice the Defendant's defense on operating under the influence. Respectfully submitted, _______________________ (Name of Defendant) By: ______________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, ________________ (Name of Attorney) , attorney for Defendant ____________________ (Name of Defendant) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State of _________________ (Name of State) : _______________________ (Name of Attorney) _____________________________ (Post Office Box No. or Street Address) ______________________________ (City, State, Zip Code) This the ____ day of _______________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) _____________________________ (Post Office Box or Street Address) _____________________________ (City, State, Zip Code) Telephone: ____________ Notice of Motion to Bifurcate Trials You are notified that on _______________ ( date) , at ____________ (time) , or as soon thereafter as counsel can be heard, in Courtroom __________ of the ____________Court for ______________ County, _______________ (State) , at the ________________ (County) Courthouse at ________________________________________________________________ ___________ (street address, city, county, state, zip code) , Defendant _________________ (Name of Defendant) , by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: _______________________ (Name of Attorney) ______________________________ (Post Office Box or Street Address) ______________________________ (City, State, Zip Code) Telephone: ______________