A motion hearing is when one is asking the court to do something. If it is a motion to suppress, you are trying to keep out evidence. If this happens, there will be a motion hearing where you are going to have live testimony often prior to the time going to trial. Motion hearings in Midland DWI cases could be beneficial in your defense, which is why you need an accomplished attorney to represent you at your hearing.
Pre-Trial Motions Regarding DWI Charges
If there is anything needed from the other side that the defendant wants them to turn over, the defendant may deal with that in a motions hearing in a Midland DWI case or if they are trying to keep out certain evidence such as they may have an issue on the blood test. If the court orders them to suppress the blood test, then that evidence would not come in at trial just like if they were to test the breath.
Motion to Suppress Evidence
A motion to suppress tells the court there is an allegation that the evidence does not rise to the level under the law to be admissible. For example, if an officer pulls somebody over for not using their turn signal and the video shows that they did use their turn signal, then they would file a motion to suppress the stop. If this occurs, then the rest of the evidence from the stop would not be used and the state would not have a case for a DWI. The defendant may also be trying to suppress blood tests or any other evidence in the case.
Then the defendant has to prove that it was a warrantless arrest, and then after that, the burden shifts to the state to prove that there was a legal reason for the stop. Then they have testimony, cross-examination, and they can argue about the case to the judge.
A motion for summary judgment applies only in civil cases, not in a criminal case. After the state has put on all their evidence, the defendant can make a motion for a directed verdict, and if that is granted, the judge would say that whatever evidence the state put on, no jury could find beyond a reasonable doubt guilt of the person and so the judge would enter a not guilty verdict at that time.
The directed verdict is used a lot of times when the state puts on a case and they did not meet one of the elements so they could not prove that the person was driving in a vehicle; there is no evidence that this person was driving or operating the vehicle, or that where the person was at was a public place, or maybe there is no evidence of intoxication.
Motion to Compel Discovery
Motion to compel discovery is a request to the court that the court basically gets involved. Under the Michael Morton Act, the prosecutors cannot suppress evidence that is capable of proving the innocence of the accused. If the state does not turn over the discovery and will not do it through a request, then the defendant will get the court involved and ask them to compel or make the state turn over the missing discovery. Make sure you have someone by your side through the process of motion hearings in Midland DWI cases by calling an attorney.