Under OCGA 17-5-30, a lawyer needs to move within 10 days after arraignment to file certain motions arguing there is inadmissible evidence in an Atlanta DUI case. A lawyer can allege various constitutional violations under both the Georgia Constitution and the United States Constitution, and other state law, that would cause certain evidence not to be admitted at a trial.
What happens in these types of cases is that a lawyer can argue that a traffic stop was illegal. They can first determine if the officer detained the defendant for too long. For example, maybe certain warnings were not read at the proper time, or Miranda warnings were not read. There is a myriad of issues that an Atlanta DUI lawyer needs to raise at a certain time, and a motion hearing is a pre-trial hearing that takes place so that the court can make a decision as to which evidence will come into a trial or not.
A motion hearing in Atlanta DUI cases also allows the state to evaluate how their officer sounds on the stand, and then make a decision whether they want to proceed with the trial or not. Sometimes, a good opportunity to get a better plea bargain takes place after a motion hearing in an Atlanta DUI case.
Process of a Hearing
In Atlanta DUI cases or any DUI case in Georgia, a motion hearing will take place sometime prior to trial and witnesses will be called in to testify. A lawyer also has the opportunity to cross-examine the witnesses and argue the applicable law.
Once a motion is filed in an Atlanta DUI case, then the court will set it for a hearing. Then, a hearing date will take place in the state and the defense will be present and ready to proceed.
Motion to Suppress Evidence
A person would file what is called a motion to suppress under OCGA 17-5-30 prior to, or right after arraignment, at the maximum 10 days after arraignment, where the person argues certain evidence that was seized illegally. That is where the person argues the evidence should not be coming into trial.
This motion is an opportunity to, first, discover various evidence that there are in the case and, two, to exclude harmful evidence, potentially, that could be used against the person charged in the crime.
Motion to Compel Discovery
In misdemeanor cases, a motion to compel discovery is filed within 10 days after arraignment to gather certain evidence such as police reports, exculpatory or favorable evidence, and witnesses and witness statements. In Georgia, there is no legal right to compel a videotape and, oftentimes, the videotape is simply discoverable on the basis of the fact that it allows or has favorable information that should be provided to the defendant in the case.
A motion for discovery in misdemeanor cases gives a limited amount of information. There is no requirement the defense lawyer respond or give the state their witnesses. In felony cases, the defendant has to go ahead and respond. If they want the state’s discovery, the defendant has to supply their own discovery to the state.
They are numerous motion hearings that can be filed in Atlanta DUI cases. A motion in limine is a motion to exclude evidence. There is a motion that the horizontal gaze nystagmus test was done improperly and should be inadmissible. Predominantly, most motions will deal with field tests, breath tests and traffic stops. There can also be what is called a demurrer, which is a motion to specify that the charging document is not properly drawn up.
There are a variety of motions, discovery motions, arguments that the breath test was done improperly, or arguments that certain science in the case was not done pursuant to training or scientific evidence was not gathered pursuant to certain types of training. To best understand the relevant motion hearings that may be present in an individual’s Atlanta DUI case, it is crucial they contact an attorney.