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There are many steps in the criminal justice process following charges of driving under the influence (DUI) or driving while impaired (DWI). For example, after your lawyer starts building your defense, they might schedule DUI motion hearings in Minnesota, which could be critical to your defense.
If you are facing DUI charges, the process can be more complicated than you might anticipate. Contact a DUI attorney at BK Law Group today to ensure you do not miss an opportunity to challenge your charges and minimize the consequences.
A motion hearing is a proceeding in front of a judge for a legal motion that an attorney filed. Lawyers file motions to ask the court to make certain rulings or take action during the legal process. Before the court rules on a motion, the judge can schedule a hearing to listen to arguments and evidence in favor of the motion. The other side can appear and present their arguments and evidence opposing the motion.
The evidence that a DUI attorney presents during a Minnesota pre-trial hearing can be highly persuasive and often influences the court in their client’s favor.
Motions in a DUI case often relate to what will be admissible at trial. Further, motions can compel the prosecution to comply with certain orders or procedures. A lawyer can explain common motions in Minnesota DUI cases, determine which motions are appropriate based on the facts of your case, and represent you during hearings.
According to Minnesota Statutes § 626A.12, motions to suppress seek to keep certain evidence out of a DUI trial. This evidence might include something police officers illegally obtained while violating your Fourth Amendment rights. For example, if your traffic stop was unjustified under the law, all evidence they obtained during the stop should be inadmissible. If the police found contraband in your vehicle during an illegal search, that contraband should be suppressed.
Sometimes, a defense attorney will request to move the case to a different court. This is usually because they suspect the current judge overseeing your case might have unfair bias.
If the prosecution does not seem to be surrendering evidence to your defense attorney as required under civil procedures and the law, a motion to discover asks the court to compel the prosecution to disclose specific evidence during your hearing.
Under Minnesota Rules of Civil Procedure, Rule 41, your defense attorney could file a motion to dismiss if they believe there is a legal basis for the court to dismiss your charges. This motion argues that legal defects in the case warrant the court to dismiss your charges, regardless of your innocence.
Some common grounds for DUI dismissal include law enforcement violating your constitutional rights, making procedural errors (such as improperly administering BAC tests), or insufficient evidence proving the charges beyond a reasonable doubt.
If successful, a motion to dismiss removes your charges. This means you will not have to plead or go to trial, and you should face no court-ordered penalties for the alleged DUI.
There are many defense strategies you might use to fight DUI charges or reduce the penalties. Motions and associated motion hearings are a key part of the criminal process and many defenses. With the right lawyer arguing on your behalf, you have a good chance of receiving a ruling in your favor. Sometimes, filing DUI motion hearings in Minnesota leads to the court dismissing cases.
With the right defense team, convictions are not inevitable. Contact BK Law Group today to discuss how we could help with your defense.
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