If the defense attorney decides to raise any legal issues regarding the case, the attorney will file a motion brief and set a motion hearing. Motion hearings typically take place in advance of the trial so the parties may reevaluate the case after the judge’s rulings regarding the motion. Motions can be an effective means of suppressing unlawful evidence and breath tests. If the defense is successful on a motion, often times the case is resolved. However, the case will be set for trial if a resolution cannot be reached.