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,If you’re facing DUI charges in Columbia, SC, one of the best defenses may be a pre-trial motion hearing. A motion to suppress or other pre-trial hearings can help your legal strategy, or even effectively stop the prosecution from moving forward.
Shealey Law Firm explains pre-trial motion hearings in Columbia DUI cases.
What Are Pre-Trial Motion Hearings?
A pre-trial motion hearing is an in-court proceeding where one of the parties asks the court for an order before trial. Specifically, it is:
- A hearing – It happens in court, where the parties have an opportunity to be heard.
- Before trial – That’s why it’s called pre-trial.
- A request – A court motion is where a party asks the court for an order. The order may require a party to do something, or prevent them from doing something.
The outcome of a motion hearing for a DUI can potentially change the outcome of a case.
Common Types of Pre-Trial Motions in DUI Cases
Motion to suppress chemical testing results
A significant part of any DUI trial is the chemical test result. Law enforcement officers must follow detailed procedures when they administer a DataMaster test, or blood test. Failing to follow the steps, or failing to calibrate the testing instrument could make the evidence unreliable.
Motion to Suppress Field Sobriety Tests
Like chemical testing, there are rules and regulations for how field sobriety tests should be conducted. Sometimes, officers make up their own tests, or they forget to follow proper procedure. Even trained law enforcement officers may poorly understand field sobriety tests and the importance of following procedure.
Fourth Amendment Violation – Traffic Stop or Detainment
The Fourth Amendment prohibits law enforcement from stopping vehicles arbitrarily; they must have reasonable suspicion to stop a driver and detain them for a DUI investigation. If your Fourth Amendment rights have been violated, it may be appropriate to ask for a pre-trial motion hearing.
Motion for Discovery
You may ask for DataMaster calibration logs, law enforcement procedures, personnel files, or other discoveries that may be important to the case. If the state doesn’t provide them, you can ask the court to compel them with a motion for discovery.
Miranda Rights
If you believe that law enforcement violated your Miranda rights, you can use a pre-trial motion to seek suppression of evidence.
How Evidence is Presented and Challenged
The party making the motion usually goes first. They summarize their argument, then present evidence, which usually means calling witnesses. If the motion is about the chemical test results, they may use an expert witness; they may also use an expert witness at the trial phase.
Once the moving party has made their case, the opposing party responds. Each party may make arguments to the court, and the court makes its ruling. They may issue an order, or ask one of the parties to draft an order for the court to sign.
How Pre-Trial Motions Can Affect Your DUI Case
A pre-trial motion can:
- Result in the state dismissing the charges against you
- Make the state more likely to offer a plea bargain
- Give you a stronger defense
- Prevent incriminating evidence from being admitted in court
- Require the state to hand over exonerating evidence
- Hold law enforcement accountable for bad behavior
Can you still get prosecuted for drunk driving if the breath test result is suppressed?
Yes. A breath test result is not required to prosecute someone for driving under the influence of alcohol. It may be impossible for the state to convict someone of driving with an unlawful alcohol count without a DataMaster or blood test result, however, driving under the influence doesn’t require a person to have a specific bodily alcohol content.
If your motion to suppress the DataMaster result is granted, the state can’t admit the DataMaster result. By itself, that doesn’t dismiss the case, however, it may be impractical for the state to proceed with charges.
Importance of Working with an Experienced DUI Attorney
An experienced DUI attorney knows:
- Which pre-trial motions to file
- How to file the paperwork
- What evidence to present
- If a pre-trial hearing is likely to be successful
- How a pre-trial hearing may help your case
- How to prepare
At Shealey Law Firm, we’ll aggressively represent you through all parts of your case.
The Pre-Trial Hearing Process in Columbia
A drunk driving offense may be heard in Magistrate Court or Circuit Court, General Sessions (Criminal). There are multiple magistrate courts in Richland County, one of which is at 2500 Decker Blvd, and the other at 201 John Mark Dial Drive in Columbia. Other magistrate courts are located throughout the county. There is also a City of Columbia, SC Municipal Court. More serious DUI offenses are heard in the Richland County Circuit Court.
Usually, the courts set aside certain days and times for motion hearings.
Possible Outcomes of Pre-Trial Motion Hearings
A pre-trial motion hearing may be:
- Granted
- Denied
- Granted in part, denied in part
- Deferred to decide at trial
Contact
Have you been charged with DUI in Columbia, SC? A pre-trial motion hearing may determine the outcome of your case.
Contact Shealey Law Firm today.