Motion Hearings in Stamford DUI Cases
A motion hearing in a Stamford DUI case is typically a full day dedicated to the court hearing the motions filed either by the state or the attorney in relation to various cases.
Both sides get their chance to stand before the court and argue their position to the judge. Then the judge makes the decision based on the court file and oral argument presented.
To determine the importance of the motion hearing in your Stamford DUI case, it is crucial that you consult with an experienced DUI lawyer in Stamford immediately. Only a knowledgeable attorney can provide the guidance necessary to properly navigate the legal proceedings associated with a Stamford DUI charge.
Significance of a Motion Hearing
A motion hearing can often make or break a case. For instance, if a person motions the court to exclude evidence of the breathalyzer test and the judge grants it in their favor, that would seriously impair any chance of the prosecutor getting a conviction.
If a person loses a motion like that, that would improve the state’s chance of convicting them.
Once a party files a written motion during a Stamford DUI case, the other side gets a chance to respond in writing within a timeframe set by the court. The judge will hear oral arguments by both parties regarding the motion and make their decision.
Types of Motions
There are various types of motions that can be filed during a Stamford DUI case.
First, there is the Motion to Suppress Evidence. A Motion to Suppress Evidence is an attempt to prevent the other side from entering evidence at trial. If the police violated a person’s constitutional rights and did not tell the proper information or failed to follow proper procedures, the defendant can ask the judge to ban that evidence from trial.
There is also the Motion to Compel Discovery. A Motion to Compel Discovery asks the court to order the State to turn over certain documents regarding discovery. The State does not always give defendants what they are looking for or what they are entitled to, so the judge will have to decide.
The defendant can also file a Motion to Preclude Evidence that results from the police violating their constitutional rights or things that might not be relevant. The defendant can file a Motion to stop witnesses from testifying. For instance, if the State wants to call an expert witness, the defendant can try to have the court declare that witness unnecessary and things of that nature.
After the Motion Hearing
After these motions have been filed during an individual’s Stamford DUI case, the judge will be able to make their decision.
Such motions and legal proceedings can be best explained using a qualified attorney.