A motion hearing occurs in court whenever a request is made to the court to take an action or make a ruling. This can involve handing over evidence, dismissing evidence, and more. Motion hearings can be instrumental in driving under the influence (DUI) cases. For example, if a defense attorney believes that police unlawfully stopped a defendant, they could file to have the evidence obtained during the stop suppressed or thrown out of court.
Because motion hearings can make such a difference in the outcome of your case, it is critical to work with an experienced attorney. Our team of former prosecutors turned committed defense attorneys at Grand Canyon Law Group know how the courtroom works and are not afraid to fight aggressively on your behalf. To learn more about motion hearings in Mesa DUI cases, call our office today.
There are different types of motions that may be filed in a Mesa DUI case. A skilled lawyer can help an individual understand what motions may be relevant in their case.
A motion to suppress asks the court to keep evidence from being presented at trial. This motion claims that the evidence in question was unlawfully obtained through a violation of a person’s constitutional rights.
An example of when a motion to suppress could be necessary is when police fail to obtain adequate consent or fail to get a warrant prior to taking a blood sample during a DUI arrest. An attorney could file a motion to suppress the blood sample. If the court determines that a violation occurred, then the court is obligated to suppress , or keep the evidence from being used at a trial. In a DUI case, if the State cannot present the blood evidence, the entire case will often fall apart since it is such a crucial piece of evidence.
When defense is asking for a particular piece of discovery, and the State either refuses to turn it over or claims they do not have it, defense could file a motion to compel. This motion is a request for a judge to force the State to turn something over. A motion to compel discovery can be used if the State is being uncooperative or unwilling to provide evidence that is necessary for the defense.
A motion to dismiss can be filed when the something illegal or unconstitutional has taken place throughout the proceedings. For example, if a person requests an attorney and police do not give them the opportunity to speak with one, this constitutes a violation of an individual’s constitutional rights and defense could file a motion to dismiss. If the court agrees that a constitutional violation or something illegal has occurred throughout the proceedings, they could be forced to throw the case out entirely.
To allege a constitutional violation in a DUI case, a defense attorney will file a written motion asking the court to suppress evidence or dismiss charges based on a specific violation. The State will then file a response, and the defense will have the opportunity to file a reply.
Once all pleadings have been filed, the court will schedule a motion hearing or an evidentiary hearing to hear testimony from both sides. The court will then make a determination in regard to the motions filed. A knowledgeable attorney can walk a defendant through a motion hearing and ensure they understand all of their options in a DUI case.
A motion hearing can change the course of your DUI case. A DUI conviction can have serious consequences on your life and your rights, which is why it is crucial to work with an attorney who will put up a fight against the State when they treat you unfairly or violate your rights. Successful motion hearings in Mesa DUI cases could be the difference between incarceration and dismissal of your charges.
Do not wait to take legal action after a DUI arrest. We are ready to help– contact us today to schedule a free consultation.