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May 24, 2017 | admin DUI Motions in Los Angeles Cases
If you have been charged with a DUI offense and hire a Los Angeles DUI attorney, he or she can file various types of motions in order to assist with your defense. Every case is different, but your lawyer can sit down and look at your case to determine which motions may need to be filed. Generally, each motion will be submitted in writing but may be argued in a live hearing. These are some of the different types of motions that are filed in Los Angeles DUI cases.
Motion to Suppress Evidence
In order to secure a conviction, the prosecuting attorney for the state has to submit evidence to help prove that you were, in fact, driving under the influence when you were charged with doing so. If some or all of the evidence in the case was obtained in violation of California law, however, your attorney might file a motion to suppress evidence. For example, since a law enforcement officer has to have probable cause in order to pull you over while you are driving, your lawyer might file a motion if you were pulled over for no reason on the night of your arrest. In these situations, the prosecution generally dismisses the case because there is no usable evidence.
Formal Discovery Motion
When you are arraigned, your attorney will be given some of the evidence that the prosecutor is planning on using against you. In some cases, this evidence can actually be used to exonerate the defendant. If the prosecution does not turn over this evidence to the defense for review, then a formal discovery motion might be filed. Then, the prosecution will be forced to hand over this evidence.
In some cases, law enforcement officers commit misconduct when dealing with defendants. If you were subjected to racial profiling or excessive force on the night of your arrest, for example, your lawyer might choose to file a Pitchess motion.
Motion to Terminate Probation
If you do end up getting convicted for driving under the influence, you may be put on probation for a specified length of time in lieu of going to jail. In general, individuals who are put on probation are expected by the courts to complete their probation terms for the full length that they are originally sentenced to. However, in some cases, it is proven that being on probation causes significant harm to a defendant. In this type of situation, your attorney might file a motion to terminate probation. If this motion is approved, then you may be taken off of active probation status.
Additionally, if you do complete your probation as you were ordered to by the court, your lawyer might file a motion so that the entire matter is expunged.
As you can see, there are various motions that can be used in DUI cases in Los Angeles and elsewhere in California. However, if you do not have legal experience, you may not know which motions apply to your case or how to argue them appropriately. Therefore, it is almost never a good idea to try to defend yourself in a DUI case, even if it’s your first offense. Instead, you will need to work with a good Los Angeles DUI attorney who can look over your case, file the right motions and otherwise ensure that you are given a good defense when you go to court. If you contact us, we can tell you more about our services and can schedule an appointment to sit down with you and talk to you about the specifics of your case.