Author Box
Articles Categories
All Categories
Articles Resources

How to Prepare for a DUI Motion Hearing

April 12, 2012 | Comments: 0 | Views: 226

After a DUI case has been set for trial, there will typically be another hearing dealing with any pretrial motions that may exist. These motions are different than the motions in limine which are usually litigated the day of trial.

These motions actually deal with suppressing evidence, suppressing statements, and/or dismissing the charges. Because these legal issues may be dispositive, meaning if the Defense prevails the charge will get dismissed, they are usually heard on their own date. This is called a motion hearing.

In order to have the best chance of prevailing during this motion, the proper amount of preparation needs to be done in advance of the actual hearing date. Here are a list of items that need to be done in order to prepare for motions.

Write and draft a motion: The first thing that needs to be done is the writing of the actual motion. After a thorough investigation of the case, any legal issues will come to the surface. Based on this research the DUI Attorney will write and file the appropriate motions. In a DUI case these legal issues can range from challenging the stop, the field sobriety tests, any statements, and of course dismissing for lack of probable cause to arrest.

Cross examination: Preparation of the cross examination of the arresting officer needs to be done sooner rather than later. Unless the motion is a non-testimonial motion the Prosecution is going to call their witness (i.e., the officer) to testify. An examination needs to be done by the DUI Attorney.

Case law: It is always helpful, especially if the motion hearing rests are specific case law to have the specific cases printed out. Providing copies to the Judge and Prosecution shows the appropriate amount of research has been done in advance, and the Attorney is thoroughly prepared. In addition when a Judge is making their ruling it is always helpful to have them review an item you provided.

Prep the client: Whether or not a client testifies is an important decision that needs to be discussed. In addition the appropriate behavior of the client is equally as important. Often times if a client is mumbling under their breath, or making off hand comments during the hearing it can not only be distracting for the Attorney, but a Judge is going to take notice.

Familiarize with legal issues: In DUI case it's pretty rare for a new legal issues to be litigated. Meaning the Attorney may have gotten the gist of their legal argument from a colleague or from a prior brief researched. If this is the case it's still important to thoroughly review the legal issues, and the case law as if it's the first time being argued. There is nothing more defeating than an Attorney that isn't familiar with their own motion.

Matthew Leyba is one of the premiere Bellevue DUI Attorneys in Washington State. If you have been charged with a DUI dont wait contact a Bellevue DUI Attorney ASAP!

Source: EzineArticles
Was this Helpful ?

 
0
 
0
 
Rate this Article
 vote(s)
Feedback
Print
Re-Publish

Article Tags:

Motion Hearing

,

Dui Motion Hearing

,

Dui Motion

,

Dui Case

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Lival Legal > Criminal Lawl December 12, 2012 lViews: 429

If you have criminal charges levied against you, it can seem as though the situation is bleak. Going it alone without a criminal lawyer in this situation is a mistake.

By: Anna Woodwardl Legal > Criminal Lawl April 25, 2012 lViews: 246

If you or someone you know is facing any kind of drug related charges, contact a drug crime lawyer right away. The sooner you hire one, the better the outcome will be for the case.

By: Abraham Avotinal Legal > Criminal Lawl April 25, 2012 lViews: 233

When you need a criminal lawyer, it is important to choose the best one in the area. The best one will offer great results for all types of court cases.

By: Anna Woodwardl Legal > Criminal Lawl April 25, 2012 lViews: 236

An experienced criminal attorney will have the background and knowledge necessary for properly defending a wide range of crimes. These crimes can include drug crimes, violent offenses, DWIs or DUIs,

By: Antoinette Ayanal Legal > Criminal Lawl April 24, 2012 lViews: 332

A criminal attorney works in the legal field of criminal law, which governs a person's relationship to the state. This field of law encompasses the criminal process and the rights of an accused

By: Antoinette Ayanal Legal > Criminal Lawl April 24, 2012 lViews: 206

The DOL hearing is the civil hearing that often accompanies a DUI charge to determine whether a license suspension should occur. Although the DOL hearing and the DUI criminal offense are two separate

By: Matthew A Leybal Legal > Criminal Lawl April 19, 2012 lViews: 193

A DUI probation hearing will typically occur after a defendant has been sentenced. This is a mandatory hearing set by the Judge at the request of the probation department. To learn what occurs at

By: Matthew A Leybal Legal > Criminal Lawl April 19, 2012 lViews: 202

Often times a DUI Attorney will get phone calls in the middle of the night from individuals who have been arrested for DUI and they request an Attorney. In order to conduct a quality interview when

By: Matthew A Leybal Legal > Criminal Lawl April 18, 2012 lViews: 214

Having a client get an alcohol and drug assessment earlier rather than later is very important to obtaining a favorable resolution in a DUI case. To learn more continue reading.

By: Matthew A Leybal Legal > Criminal Lawl April 16, 2012 lViews: 178

The ability to keep organized is an important quality all DUI Attorneys should have. When it comes to the client legal folder this is no different. To learn how to properly divide the folder into

By: Matthew A Leybal Legal > Criminal Lawl April 13, 2012 lViews: 190

Having a good looking business card is an important tool in operating a successful DUI law firm. To learn why continue reading.

By: Matthew A Leybal Business > Solo Professionalsl April 12, 2012 lViews: 140

Discuss this Article

comments powered by Disqus