Fredericksburg DUI motion hearings refer to a request by the defense to not admit the evidence beyond a certain point because of a constitutional violation. The most common constitutional issue would be for a search and seizure or the Fourth Amendment. Typically, motions in DUI cases are heard at the same trial and there may be a variety of motions that would be important in a DUI case. An experienced DUI lawyer will have knowledge of which motions will be most applicable to your case, and can file the motions on your behalf.
During Fredericksburg DUI motion hearings, the most common motion is what is called a motion to suppress. A motion to suppress potentially says that the individual’s rights have been violated and that any evidence obtained thereafter should be suppressed.
Along with the motions practice or motions hearing for DUI cases, there may be other motions including motions to limit certain testimonies. These are all motions in limine or motions to exclude certain potential witnesses or experts.
Typically, it is going to be heard within the context of the DUI trial itself. For a circuit court case or a felony case such as a third or fourth offense DUI or a DUI manslaughter or a DUI maiming case, this may be different.
When an attorney files a motion in a Fredericksburg misdemeanor DUI case, they can do so in writing or orally. There are different repercussions if it is done orally and the Commonwealth can typically request to continue to prepare for the trial.
If it is done in writing, the attorney knows that the date for a motion to be heard is typically the trial date and the court considers the motions at that time. The Commonwealth has the opportunity to file a response to the motion, but in a lot of times, they are not required to. The other party does not have to respond in writing. They may if they choose to but they do not have to
A motion for summary judgment is a civil standard, but there is a civil or equivalent standard that may arise in a Fredericksburg DUI case. This is called a motion to strike. A motion to strike occurs at the end of the Commonwealth’s presentation of evidence and, simply, it says that even in all inferences that are made in the Commonwealths’ favor, the Commonwealth has to fail to prove their case.
While motions to strike are uncommon in DUI cases for a variety of reasons, they are not impossible. Certainly, the Commonwealth tries to go forward with a case from which they have very little evidence or if a defense attorney has been successful in eliminating or excluding certain types of evidence, then a motion to strike may be an important tool in their arsenal.
Fredericksburg DUI motion hearings can be confusing, which is why a capable DUI attorney is an invaluable asset if you face DUI charges. A skilled lawyer can answer any questions you have regarding the specifics of different motions and, can use their knowledge and experience to determine which motions will work best for your case.
Northern Virginia Criminal Defense Group
