In a DUI case, a person can have a hearing on a motion, which can refer to several issues. For example, in a motion to suppress evidence a person is putting the burden on the state to show that the evidence is reliable enough to use at a trial, such as in incidents involving a breath test machine. For example, an attorney may question whether the machine had been calibrated properly.
A motion to suppress can also be used to keep out evidence that was unlawfully obtained. A motion to suppress will contain specific details as to why the evidence must be thrown out or suppressed. At a set hearing date, the police officer has a hearing on the issue. Testimony and evidence are introduced throughout the course of the hearing. That can include evidence such as camera footage and police reports. Ultimately, the evidence is submitted to the judge who issues a ruling.
A well-versed attorney can further explain motion hearings in Omaha DUI cases. A detail-oriented DUI lawyer can also carefully evaluate the evidence in your case to determine what, if any, motions may be appropriate.
When Are Motions to Dismissed Used in DUI Cases?
A motion to suppress might be in a DUI case to challenge the reason to stop a vehicle. For example, if there was no probable cause to believe that a traffic violation occurred, there is no reason to stop the vehicle. Another motion to suppress evidence may arise if a person was arrested and were not read their Miranda rights or if they invoked a right to an attorney and the police failed to comply. If a person made a statement against their interest, a lawyer can try and get that statement thrown out.
An attorney may also use a motion to suppress evidence if the police did not have reasonable suspicion to expand the scope of the traffic stop. When the police are pulling an individual over, they are going to look for signs of intoxication such as bloodshot, watery eyes, slurred speech, and the odor of alcohol on their breath. If not enough of those signs are present, they do not have a reason to expand the scope for the traffic stop.
Finally, in Nebraska, the police need a warrant to draw blood for a blood test. If they do not get a warrant, a lawyer will try to suppress the results of a test on those grounds. An attorney can fully examine the specific circumstances to determine if there is any evidence that may be suppressed.
Other Motions in Omaha Cases
People can file additional motions for independent testing of a blood or a urine test. A lawyer can send the samples to their own labs to make sure that what the state says is true.
An additional motion they can file is motions in limine, which is when a person is trying to keep evidence out. For example, a motion in limine could be used to exclude a person’s prior criminal record because a lawyer does not want the jury to convict someone based on their previous history. Motions in limine can also seem to exclude other evidence such as reputation evidence or hearsay evidence.
If the state is going to bring in a witness to testify regarding a scientific or technical aspect of the case, a lawyer can challenge their qualifications and their ability to testify. For example, if this person is relying on outdated methods or does not have a qualification to testify, the lawyer has an opportunity to challenge that expert before they step into the courtroom.
What is a motion to compel discovery?
A motion to compel discovery is if the state has not produced all of the evidence or certain parts of the evidence. The defense lawyer will make a motion for them to release all of the available evidence. If they do not comply with the motion to compel discovery, the lawyer can take the next step and try to get evidence excluded so that it cannot be used against the person.
Ask About Motion Hearings in Omaha DUI Cases
Motions can be powerful ways to suppress evidence in Omaha DUI cases. To learn more about motions and how they may apply in your case, call Berry Law for a confidential case evaluation.