3. Motions Hearing
a. This represents an opportunity for the judge to rule on legal issues (motions) brought by your attorney. Typically, motions may challenge the lawfulness of a traffic stop, the subsequent arrest, admissibility of client statements, field sobriety tests, and breath or blood tests.
b. Before the motions hearing date, the prosecution and defense will have typically filed legal memoranda on some of the pending motions.
c. When motions are argued, the law enforcement officer will typically testify for the prosecution to establish a factual basis for the actions taken by him or her. Your attorney will then have an opportunity to cross examine the law enforcement officer on specific details of the pre-arrest, arrest and post-arrest procedures used.
d. You will have the opportunity to, but need not, testify. That is a decision you and your attorney make together based on the facts, circumstances, and the case’s strengths as well as weaknesses for both the prosecution and defense.
e. After testimony, counsel for both sides will argue why the law supports their side of the issues. Then the court will issue oral rulings on each motion brought before it.