Hampton Roads DUI Motion Hearings
As defined by law, a motion hearing involves the admissibility of certain evidence at trial and whether or not this evidence could be admitted. In certain situations before trial, there may be a time for a motion hearing where the court would consider any issue that relates to the case.
Typically, a motion hearing applies in the case of a person facing DUI charges when they believe there is evidence that was gathered against them that is in violation of the Fourth Amendment. Therefore, they may have a motions hearing to see if they could keep that evidence excluded. When it is a situation where one side may have expert witnesses, an individual may have a motions hearing ahead of time to see if those witnesses would be allowed to testify. If there is any evidence that a party is trying to either get admitted or keep from being admitted, it is done at a pretrial motions hearing. If you have been charged with a DUI, reach out to a seasoned DUI attorney who is experienced conducting Hampton Roads DUI motion hearings.
What Happens Once a Motion Hearing is Filed?
In Hampton Roads DUI cases, once a motion hearing is filed, each party has an opportunity to respond. There would then be a date set for the hearing before the scheduled trial date. Generally, the other party would respond to the motion hearing by consenting. If it is a situation where one party makes a motion and the other party agrees to it, then there does not have to be a hearing. In this situation, the judge would just enter the order.
Motion to Suppress Evidence
One of the most commonly used Hampton Roads DUI motion hearings is the motion to suppress evidence. A motion to suppress evidence is when the individual believes that evidence has been gathered in violation of the Constitution. The argument is that the evidence because it was gathered illegally, is not admissible.
A motion to suppress evidence works by being filed in the court. The evidence related to the individual does not have to be specific in the motion, however, the person does have to give enough information so that the government is able to understand what is being argued. The next step is to appear in front of the judge.
An example of evidence that might be used in a motion to suppress in a DUI case is when there is a reason to suspect that the officer did not have probable cause to believe the defendant was intoxicated. The lawyer would then move to suppress any blood, breath, or urine test because the officer did not have the necessary information to conduct a warrantless search.
Motion for Summary Judgment
A motion for a summary judgment is another type of Hampton Roads DUI motion hearing and it is used when there is no dispute about the facts of the case. This means that both parties agree on how the case happened and there is no argument about the accuracy of the factual summary from the police officer. However, the defense lawyer argues that the officer’s recollection of events does not meet the burden of a DUI charge. When there is a motion for summary judgment, the defense attorney is asking the judge to rule the case in the defendant’s favor because the evidence, as presented, leads to one possible conclusion.
Motion to Compel Discovery
A motion to compel discovery is when the attorney believes that there is material that is relevant to the defendant’s case and the lawyer wishes to have it turned over when the Commonwealth is refusing to turn it over. A motion to compel discovery works by filing a motion with the court. The Commonwealth would then have an opportunity to either agree or object that either this material is not relevant or that the material is not discoverable. A motion to compel discovery may be used in a DUI case if there were issues with the breath test and there was documentation available that suggested that the test was not accurate. To learn more about Hampton Roads DUI motion hearings, reach out to an experienced DUI lawyer.