You may get a motion hearing if you are charged with driving under the influence (DUI) in Los Angeles. What is a motion hearing? This hearing allows your DUI lawyer to file various motions on your behalf. Motions in court may allow a lawyer to block evidence against you or even get your charges dismissed.
Find out more about motion hearings right here. You can also learn more about different kinds of motions used in DUI cases, as well as DUI defenses in Los Angeles.
Basic Information About a DUI Motion Hearing
Your DUI motion hearing occurs before your criminal trial begins. Generally, this hearing is only attended by a few people. Your DUI lawyer should be there to represent you. The prosecution may also be present at the hearing, along with a judge.
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. You can find out more about a motion hearing by calling us now at (310) 862-0199.
Types of Motions for DUI Cases in Los Angeles
There are a number of different pre-trial motions that a DUI lawyer in Los Angeles could file on your behalf. You should discuss possible motions with your lawyer before your hearing. However, you can get some basic information about these hearings right now. A lawyer may file a:
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 illegally. Sometimes, law enforcement officers violate your rights in Los Angeles. Evidence gained in this way may be inadmissible in court.
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. However, 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 insufficient 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:
- You were stopped by a police officer 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 steps of a DUI case right now.
Get Information About Motion Hearings for DUI Cases in California
You can get legal help on your side with a motion hearing after a DUI arrest. Reach out to a DUI lawyer in Los Angeles today to get assistance. You can contact a member of our team by calling (310) 862-0199 or by completing our online contact form. We are ready to handle all aspects of your case right now.
Reach out to us today and receive a FREE consultation regarding your legal options.