Motion Hearings in Prince George’s County DUI Cases

In cases regarding driving under the influence, dealing with the trial process may be frustrating. Any time there may be an allegation or belief that there has been a constitutional violation, a motion could be brought to the court by a determined DUI lawyer. Motion hearings in Prince George’s County DUI cases, in particular, could be confusing if you are dealing with it alone. Contact a seasoned DUI attorney as soon as possible to learn more about the process of filing a motion and potentially begin building a strong defense.

Defining the Motion to Suppress

Whenever there is a constitutional violation or allegation of police misconduct the proper remedy may be to have that evidence suppressed in the court. The suppression of certain bits of evidence could change the procedure or protocol of the state attorney’s office and how they want to proceed. It could also mean that all evidence in the case gets excluded and dismissed, as a result of any constitutional violations.

In motion hearings in Prince George’s County DUI cases, a defendant could file a motion to suppress with the court. This motion may state what information could be suppressed at the time of the trial and the reason why the defendant wants it suppressed. A hearing could then be set by the court to hear oral arguments from each party, both the state and the defendant, as to why the motion should be granted.

Application of Motion to Suppress in DUI Hearings

In the district court, the motion argument may be heard on the trial date, same time as a trial or even during the trial. In the circuit court, there may be a separate hearing in advance of the trial date on a separate date where arguments could be heard.

A motion to suppress is the same for a person facing any charges, including that of a driving under the influence case. For example, if a law enforcement officer is found to have engaged in any misconduct of violation of rights, any evidence obtained could be excluded from the trial.

Only the defense could file a motion to suppress, the state may not do so. Once a motion to suppress is filed or contested, it is the state’s burden to establish that there was no constitutional violation during motion hearings in Prince George’s County DUI cases.

Motion for Summary Judgment in Prince George’s County DUI Cases

A motion for summary judgment could be seen as an equivalent to a motion for judgment of acquittal. It is a motion that the defense may file at the end of a state attorney’s case. This motion may make the case that no reasonable jury or judge could find the defendant guilty based on the evidence presented at the time.

This could potentially lead to an acquittal or not guilty verdict by the conclusion of the trial. By getting in contact with a qualified DUI lawyer, you could be prepared for this potential defense and work to build the strength of the argument. To learn more about the advantages of motion hearings in Prince George’s County DUI cases, speak with an adept attorney today.