Motion Hearings in DC DUI Cases
A motion hearing in DC DUI cases is a proceeding where a judge decides whether to grant a motion in a case. A motion is simply a request filed in writing. Sometimes it can be done orally, but generally, a motion is done in writing. For more information on how they work, contact a skilled DUI lawyer today.
What Are Some Types of Motions?
There are two different types of motion. One motion requires an evidentiary hearing, but there are motions that do not require an evidentiary hearing. For example, a person is arrested in a DUI case and it is alleged they did something illegal. The defense attorney files a motion hearing at a proceeding where a judge decides whether to grant the motion.
Some motions require an evidentiary hearing where witnesses must testify for the judge to make a decision about the motion. Some motions do not require any testimony and the judge decides motions based on what people write. For example, a person charged with a DUI is alleged to have made statements at the time they were arrested. Their attorney does not want those statements to be used by the government and files a motion to suppress the statements.
How does an Attorney Go About Filing the Motion?
The attorney files the motion and the government presents a witness to testify about what happened when the statement was made. The defense attorney has an opportunity to ask questions of the witness. An experienced defense attorney uses questions designed to show that the witness, most likely a police officer, violated the law in obtaining the statements.
There can be written motions where the judge does not need to hear from a witness to testify about the request. Those types of issues are worked out at a motions hearing.
How do Motion Hearing Apply to DUIs?
Motion hearings in DC DUI cases include filing a motion to suppress statements allegedly made by an individual in the quest of a DUI investigation in DC. The attorney files motions to suppress, which means to prevent the government from using the statements supposedly made. They file a motion to prevent the government from being able to use the results of a breath test or use anything the police officer found when searching the individual or the individual’s car.
The attorney files their motions in writing. The government responds in writing and the parties convene a hearing to argue the issue or hear from witnesses.
Additional Motions that Can be Filed
There can be motions to dismiss for a Sixth Amendment violation in a DC DUI case. The government delayed so long that defense witnesses started disappearing because of their jobs or their life circumstances. They moved away and made it difficult to prepare a defense so the attorney filed a motion to dismiss based on those circumstances. Formal motions for judgment of acquittal can be made based on a driving issue or the fact that there is no government evidence that a person actually operated the vehicle. For more information regarding motion hearings in DC DUI cases, contact a professional attorney today.
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