What is a motion hearing for a driver accused of driving under the influence (DUI)? A motion hearing is a special meeting that occurs before your criminal trial in California.
This hearing allows your lawyer to make a number of “motions” that could block evidence against you, get your charges dismissed, strike previous “strikes” from your criminal record, or learn more about the police officer who arrested you.
Let’s take a look at motions associated with DUI charges in California and find out when you may need help from a Los Angeles DUI lawyer.
Timeframe for a Motion Hearing in California
This hearing should occur before your criminal trial begins. However, it will not take place immediately after your arrest. Generally, this hearing occurs after your DUI lawyer has had time to complete “discovery.”
During the discovery phase of your case, your lawyer will investigate the charges you’re facing and dig into the facts of your case. Your lawyer will also monitor the police investigation to make sure they respect your rights.
The court will schedule your hearing. During this hearing, the judge makes sure both your Los Angeles criminal defense lawyer and the prosecution are ready to proceed. The judge also hears any legal arguments related to the motion your lawyer has to make.
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Motions to Block Evidence for a DUI Case
Your DUI lawyer may take steps to block evidence against you after a DUI arrest in California. Your lawyer will do this with a motion to suppress to prevent the prosecution from using evidence that was gained after a violation of your rights.
For example, a lawyer could work to block a confession you made under duress. Any evidence gained through an illegal search could also be blocked in California. Sometimes, a lawyer may work to dispute the validity of an arrest by digging into the police officer’s record.
Reviewing the officer’s past may require your lawyer to file a Pitchess motion. The results could call the law enforcement officer’s actions into question.
Motions to Dismiss DUI Charges in California
A DUI conviction in California could have serious effects on the rest of your life. In some cases, a conviction can result in:
- Thousands of dollars in fines
- Months in jail or prison
- Extended probation
- Restrictions on your driver’s license
- Difficulty obtaining employment or housing
- Losing your California driver’s license
However, an attorney could help you avoid jail for a DUI as well as other penalties. A lawyer can file a motion to dismiss your charges at a hearing.
The judge could agree to dismiss the charges you’re facing if there is no significant evidence against you. However, not all DUI charges are dismissed in California.
Prior Strikes and Your Motion Hearing in California
California uses a three-strikes program for some felony offenders. DUI charges may count as a strike in some cases, generally if the DUI resulted in a serious accident. You may face a lengthier prison sentence if you have past strikes on your record at the time of your DUI arrest.
A lawyer could file to temporarily remove these strikes. This motion can be used to request a Romero hearing. The judge can then decide to set aside your past strike, allowing you to avoid a doubled prison sentence. Note that if a felony DUI is your third strike, you could even end up facing life in prison.
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Discuss All Aspects of Your Case with a DUI Lawyer
An experienced DUI lawyer can provide invaluable assistance and greatly improve the outcome of your case in several key ways:
Evidence Analysis and Challenges
Our criminal defense attorneys will thoroughly review all evidence against you, including blood/breath test results, video footage, officer reports, and witness statements. We will look for any inconsistencies or violations of protocols that can call the evidence into question and file motions to suppress or dismiss unreliable or illegally obtained evidence.
Defense Strategy
DUI cases often hinge on technical details and procedures. A lawyer can devise a strong defense strategy customized to your situation – whether it’s challenging probable cause for the stop, disputing the officer’s observations, arguing rising blood alcohol levels, or raising doubts about the blood/breath testing process.
Court Motions and Trial Advocacy
An attorney will file all necessary motions and represent you zealously throughout court proceedings. This includes motions to dismiss for lack of evidence, to exclude prior convictions, and to reduce charges through skilled negotiation tactics. If your case goes to trial, We will provide effective defense representation.
Protecting Your Rights
Perhaps most crucially, a DUI lawyer is an advocate ensuring your rights are protected at every stage. We will make sure you are not interrogated improperly, overcharged by prosecutors, or treated unfairly by the system. Our job is to safeguard your interests and leverage every legal avenue to minimize the consequences.
With so much at stake from a DUI conviction, having the right legal counsel is invaluable. An experienced DUI lawyer gives you the highest likelihood of the best possible resolution.
Contact a DUI Lawyer in California for Help Now
Facing DUI charges can be an overwhelming and stressful experience, with potentially life-altering consequences. However, an experienced Los Angeles DUI lawyer can provide invaluable guidance and advocacy throughout the legal process, including crucial motion hearings.
At the Simmrin Law Group, our skilled DUI defense attorneys are here to protect your rights and interests.
Do not gamble with your future – retain proven DUI counsel to make these intricate legal motions and fight to achieve the best outcome for you. Contact us today to start getting the defense representation you deserve.
Call or text (310) 896-2723 or complete a Free Case Evaluation form