A motions hearing is the first place that the evidence against you will be heard by the judge. He or she will determine if the evidence presented will be admissible at trial. The police officer and other potential witnesses will testify and be cross examined by your attorney. The evidence and testimony gathered at this time will help your attorney prepare your case for trial and may also assist in negotiating a positive settlement for you that will not require going to trial.
The theory of your DUI attorney in setting evidentiary or legal motions, is that the state procured the evidence against you in an unlawful manner. Common challenges at these hearing are to the:
- Probable cause for your stop
- Probable cause for your arrest
- Inadmissibility of field tests
- Inadmissibility of statements attributed to you
- Inadmissibility of BAC results or a refusal
There are a host of potential DUI motions. Contact a Washington DUI lawyer at Milios Defense for a consultation. After considering the facts of your case, we can inform you what motions would likely be raised and why.