What Occurs at a DUI Motion Hearing to Suppress Evidence
When a DUI case gets set for trial, typically several motions to suppress or exclude evidence are filed by the DUI Attorney with the intent these motions will be litigated.
In some jurisdictions this hearing to determine the admissibility of this evidence occurs prior to the trial, while some jurisdictions allow this hearing to take place the day of trial.
However the actual procedure of this hearing is for the most part the same in every jurisdiction.
Depending on the DUI case when it is set for trial there may be legal issues involved.
These are heard at this evidentiary motion hearing.
In a typical DUI case these issues can involve the following: A motion to exclude statements, a motion to dismiss for no probable case, a motion to suppress the field sobriety tests, or a motion to suppress the breath test, etc.
In most jurisdiction since the Defense is the moving party they have to file a motion and brief outlining their legal issues and arguments, and why the Court should exclude or suppress the applicable evidence.
This motion is filed before the actual hearing to allow the Prosecution a chance to respond and reply to the Defense motions.
After the Court has received these motions from the Attorneys then the actual hearing is ready to be held.
In a typical DUI case the first witness to testify at this evidentiary hearing is usually the arresting officer.
The Prosecution would conduct their direct examination, and the Defense Attorney would then be allowed to conduct a cross examination.
Depending on the cross examination, the Prosecutor has the option to re-direct their witness, and vice versa with the Defense Attorney.
After the Prosecution witnesses have testified then the Defense may put on their witnesses.
This may involve the defendant, an investigator, or expert witness, or in some cases other civilian witnesses.
After the Defense has conducted their direct examination the Prosecution can conduct a cross examination.
And this process continues.
At the conclusion of the testimony since the Defense is the moving party some jurisdictions require the Defense to make their argument first.
However I have had some courts allow the Prosecutor to go first, so it kind of depends on the Judge.
But after one Attorney makes their pitch, then the other Attorney will get a chance.
Depending on the complexity of the legal issues the Judge may give an oral ruling right there on the spot, or they can write a ruling prior to the trial, or they can reserve ruling until the trial begins.
If the Judge rules in favor of the Defense then whatever motions were argued are granted.
If the Judge denies the Defense motions or reserves ruling then the case will proceed to trial.
In some jurisdictions this hearing to determine the admissibility of this evidence occurs prior to the trial, while some jurisdictions allow this hearing to take place the day of trial.
However the actual procedure of this hearing is for the most part the same in every jurisdiction.
Depending on the DUI case when it is set for trial there may be legal issues involved.
These are heard at this evidentiary motion hearing.
In a typical DUI case these issues can involve the following: A motion to exclude statements, a motion to dismiss for no probable case, a motion to suppress the field sobriety tests, or a motion to suppress the breath test, etc.
In most jurisdiction since the Defense is the moving party they have to file a motion and brief outlining their legal issues and arguments, and why the Court should exclude or suppress the applicable evidence.
This motion is filed before the actual hearing to allow the Prosecution a chance to respond and reply to the Defense motions.
After the Court has received these motions from the Attorneys then the actual hearing is ready to be held.
In a typical DUI case the first witness to testify at this evidentiary hearing is usually the arresting officer.
The Prosecution would conduct their direct examination, and the Defense Attorney would then be allowed to conduct a cross examination.
Depending on the cross examination, the Prosecutor has the option to re-direct their witness, and vice versa with the Defense Attorney.
After the Prosecution witnesses have testified then the Defense may put on their witnesses.
This may involve the defendant, an investigator, or expert witness, or in some cases other civilian witnesses.
After the Defense has conducted their direct examination the Prosecution can conduct a cross examination.
And this process continues.
At the conclusion of the testimony since the Defense is the moving party some jurisdictions require the Defense to make their argument first.
However I have had some courts allow the Prosecutor to go first, so it kind of depends on the Judge.
But after one Attorney makes their pitch, then the other Attorney will get a chance.
Depending on the complexity of the legal issues the Judge may give an oral ruling right there on the spot, or they can write a ruling prior to the trial, or they can reserve ruling until the trial begins.
If the Judge rules in favor of the Defense then whatever motions were argued are granted.
If the Judge denies the Defense motions or reserves ruling then the case will proceed to trial.