A motion hearing is a court proceeding where a judge hears legal arguments from both sides about a specific request made during a case. In criminal and DUI cases, a motion hearing might involve legal requests to dismiss charges, exclude certain evidence, or challenge how the police handled the arrest.
Both the defense and the prosecution can file motions. At the hearing, each side presents its arguments, and the judge decides whether to approve or deny the motion.
These hearings can shape how the case moves forward or even lead to the case being dismissed. An experienced Los Angeles DUI lawyer can offer further guidance with your legal process.
Understanding the DUI Motion Hearing Process
Your DUI motion hearing occurs before your criminal trial begins. Generally, this hearing is only attended by a few people. Your criminal defense lawyer should be there to represent you. The prosecution may also be present at the hearing, along with a judge.
These motions usually deal with legal issues, how the case is being handled, or disagreements about evidence. During the hearing, lawyers explain their side using oral arguments, showing relevant evidence, and sometimes using witness testimony.
This hearing takes place after your lawyer has had a chance to investigate your case. This means that your lawyer may have already developed a defense strategy for your case. The judge reviews both sides’ legal arguments and decides based on relevant case law whether to approve or reject the formal request.
Types of Legal Motions for DUI Cases in Los Angeles
There are a number of different pre-trial motions that a criminal defense lawyer in Los Angeles could file on your behalf. You should discuss the type of motion that would apply to your situation with your lawyer before your hearing.
Motion to Suppress
Suppressing evidence against you may weaken the prosecution’s case in Los Angeles. A lawyer may file a motion to suppress evidence that was gathered through an illegal search. Sometimes, law enforcement officers violate your rights in Los Angeles. Evidence gained through an unlawful search may be inadmissible in a California court.
Pitchess Motion
Pitchess motions are used to gain information about the officer who arrested you. A lawyer may file a Pitchess motion if they believe the officer’s past actions could be relevant. Officers who have a reputation for mishandling cases could get a Pitchess hearing, for example.
Motion to Strike Prior Conviction
A lawyer may sometimes file a motion to strike a prior conviction. This could result in a Romero hearing. These motions are not always common in DUI cases.
If you are facing felony DUI charges and you have past “strikes” on your record, a lawyer may file this motion for you. It may temporarily “remove” a strike. This means the strike would not count against you during your sentencing.
Motion to Dismiss
Finally, your lawyer may file a motion to dismiss your charges in some cases. A motion to dismiss asks the judge to set aside your charges and end your case. A judge may choose to dismiss your case in Los Angeles, especially if there is a lack of evidence against you. You can discuss this option in more detail with your DUI lawyer.
Other Pre-Trial Steps in a DUI Case in California
Your lawyer may file motions for you before your criminal trial begins in California. A lawyer may also help you handle plea bargains. The prosecution may offer you a plea bargain at a pre-trial hearing in a DUI case.
Plea bargains require you to admit guilt for a less severe criminal charge in California. This charge goes on your criminal record and your driving record in some cases. However, it should reduce the penalties you would otherwise face for a conviction.
Make sure that you allow a lawyer to review any deals offered by the prosecution. Some plea bargains are not in your best interests. You do not have to just accept a deal. A lawyer may work to build your defense for a criminal trial.
Your lawyer might work to show that:
- A police officer stopped you without reasonable cause.
- You were not actually impaired at the time of your arrest.
- The police officer did not properly complete blood alcohol content (BAC) testing.
- The lab did not handle your BAC tests properly.
You can learn more about your legal options for handling a DUI accusation in California today. Find out more about all the steps of a DUI case right now.
Get Information About Motion Hearings for DUI Cases in California
When lawyers understand how motion hearings work, they can help guide the case, address critical issues early, and keep the legal process on track.
You can get legal assistance with a motion hearing after a DUI arrest. Reach out to Los Angeles DUI Lawyer today and receive a FREE consultation regarding your options. We have helped thousands of people facing charges like yours, and we’re ready to help you find the right attorney for your defense.
