DUI motion hearings are set by a DUI defense attorney in an effort to suppress evidence that the city is attempting to use at trial. Motions in Seattle Municipal Court are heard either prior to the day of trial or on the day of trial depending on the practice of the judge you are before.
As a rule, all pretrial motions must be noted at the time of the pretrial hearing. A briefing schedule is set for both the City and the Defense. During the motion hearing, testimony may be given by the officers involved, breath test experts, civilian witnesses or, sometimes, even the defendant. After the testimonial phase, both parties argue their positions to the judge, who then rules on the issues raised. Depending on the complexity of the issues, the ruling may occur immediately or after a period of time so that the judge can further study the law as it applies to the facts and arguments raised.
The benefits of the DUI motions practice in Seattle Municipal Court, or any court for that matter, are many. If successful, it is possible that large portions of the City's evidence will be excluded. Even if unsuccessful, the process allows the defense to see how the City's witnesses will testify as well as the relative strengths and weaknesses of the case.
To learn more about Seattle DUI motions practice in Seattle Municipal Court, contact the DUI lawyers at Milios Defense. After consultation with you about your case, we can give you a good idea of what motions might be available to you in your DUI defense.
