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Motion Hearings in Prince William County DUI Cases

There is more that goes into a serious criminal case than simply presenting evidence. Motion hearings are necessary in any Prince William County DUI case and it is important to have someone on your side who knows what motions to make and at what point. Work with a skilled DUI defense attorney who could take advantage of all legal avenues available so that you get a fair trial and are not at a disadvantage.

What is a Motion Hearing?

Either party (government or defendant) can file a motion for a hearing with the court to address a certain issue in a case. The court will provide a hearing date at which both parties will appear. In a DUI case, the most common motion filed is for discovery, usually filed by the defense attorney requesting all evidence that the government will use at the trial.

The defendant does not need to be present for the motion hearing because the attorney will handle the argument. They will ask the court to order the prosecution to supply them with all evidence they are planning to use at the trial; and, more than likely, the court will agree and sign the order. The government will then have a certain number of days to provide important pieces of information about the arrest.

Responding to Motion Hearings

Once a motion hearing is filed in a Prince William County DUI case, the other party can file a response opposing what has been requested. A hearing will be scheduled and both parties will appear to give oral argument – one in favor of the information sought and the other against it. The judge will decide whether or not to grant the motion based upon the information requested, their supporting case law, and the argument against providing such information.

Motions in a Prince William County DUI Case

In a DUI case, a Motion for Discovery or a Motion to Suppress are, more or less, the only motions that are filed.

A Motion to Suppress is filed by the defendant claiming that the police officer violated some constitutional right during their investigation. These rights may include the Fourth Amendment right to be free from unreasonable search and seizure. For example, a defendant could argue that the police lacked reasonable suspicion to stop the vehicle, or that they lacked probable cause to place them under arrest. The goal is to eliminate any evidence that was obtained after the constitutional violation occurred.

A Motion for Discovery asks the court to order the government to provide information about the case, which includes body camera footage, field notes of the officer, and any other information related to the arrest.

Get Information on Motion Hearings for a DUI Case with a Prince William County Attorney

If you need to discover available evidence from the state or prevent problematic evidence from being used against you, a lawyer knows what to do. It is important to know how motion hearings work in Prince William County DUI cases to that you are prepared. Fill out a contact form and let us know how we can help.