Pretrial Motions Hearing in DeKalb DUI Cases
A pretrial motions hearing presents an opportunity for a criminal defense lawyer to raise constitutional issues in defending a DUI case. An experienced criminal attorney could question the legitimacy of the traffic stop that lead to a person’s arrest, if there was enough evidence to search the arrested individual, or whether certain tests were administered correctly in accordance with the police officer’s training.
If you have been charged with a DUI offense in DeKalb County and want to pursue the opportunity to challenge the evidence in your case, schedule a consultation today.
How Effective are Pretrial Motions Hearings in DUI Cases?
A motions hearing could prove to be very effective prior to a DUI case going to trial. A motions hearing gives the defense an opportunity to challenge the evidence presented by the State. Motion hearings also make is possible to exclude evidence that is not legally admissible. For example, if an individual was arrested and they were not read their Miranda Rights after the arrest, but the arresting officer decided to ask them a series of questions, the defense could argue that the officer violated the arrested individual’s Fifth Amendment right to remain silent.
Prosecution’s Potential Response to a Motion Hearing
If an evidentiary motion hearing is granted by the judge, the prosecution will have the responsibility to present evidence in order to demonstrate that the Defendant’s motions should not be granted. It is unusual for the prosecution to respond to a motion hearing in writing. However, most prosecutors would work to overcome their burden of proof and demonstrate to the judge at the hearing that the evidence was gathered lawfully and will be admissible at trial.
What is a Motion to Suppress Evidence?
A motion to suppress evidence is a written document filed asking a judge to exclude particular evidence in a criminal case. Through a motion to suppress evidence, the defense attorney is asking the judge to exclude the State from presenting evidence that was not gathered lawfully.
A motion to suppress evidence will be used in a DUI case as an effective tool to either exclude evidence to gain a better understanding as to the facts of the case or to get a police officer’s testimony under oath so that they can contest or utilize it in trial.
Motions to Compel Discovery
A motion to compel discovery is a motion that a criminal defense lawyer would file if the prosecutor is not properly responding to discovery demands. If they did not provide the formal accusation, which is a written charging document, a defense attorney could ask the judge to compel discovery.
In cases where a prosecutor fails to provide specific evidence, the prosecution could have failed to inform the defense of their evidence, or they simply do not have it. If, for whatever reason the prosecutor does not have it, the prosecutor would usually try to obtain that piece of evidence for the defense. If the prosecution fails, for example, to provide the results of a blood or breath test to the defense in a timely manner, that evidence can be excluded by the court.
Retain Legal Assistance for Help with Fighting a DUI Charge
Being accused of a drunk driving offense could result in penalties that could suspend your privilege to drive, obtain employment, and even secure housing. If formally charged, you should reach out to a DeKalb County attorney for help building a defense on your behalf. In addition, an attorney could investigate all avenues that could lead to a favorable result, such as filing pretrial motions to challenge the evidence before trial.
If you wish to get started on a case, be sure to schedule a consultation today. With a lawyer ready to advocate on your behalf, you may be able to challenge the charges against you.