What are the motions that could be filed in my DUI case?
In DUI cases, motions are an extremely important part of the criminal process and should not be taken lightly. There are several motions that an attorney can file and argue on your case. Motion to Suppress and Motion to Dismiss.
Motion to Suppress
What is a Motion to Suppress?
The most common of these motions is the Motion to Suppress. A successful Motion to Suppress will limit the evidence the state can use at trial against the defendant. There are several grounds to file a Motion to Suppress, including but not limited to: the stop was unconstitutional, no RAS (reasonable articulable suspicion) for the stop, no PC (probable cause) for the arrest, the SFSTs (standardized field sobriety tests) were not conducted in a substantially reliable way, the officer did not read implied consent correctly or should have read Miranda rights to the defendant before getting consent to the state test, the breath or blood test was conducted contrary to legal standards, a search of your vehicle was conducted unconstitutionally, the evidence was tampered, or the evidence was mishandled. After a successful Motion to Suppress, Bray Law could get all of the evidence of the DUI suppressed, meaning it couldn't be used against you in the trial. This could lead to a dismissal of the entire case.
Even if this doesn't result in a suppression of the entire stop, it could result in the suppression of the state administered test or the standardized field tests. This will mean less evidence for the state to sue against the defendant at trial. This will put you the defendant in a better position for negotiation. A lesser charge (like a reckless driving charge), less jail time, less fine, less of an impact on your driver's license.
How do you know if a Motion to Suppress should be filed?
When Bray Law looks at your case, we will get all the evidence, including the video/audio of the stop, the police report, the toxicology report, physical evidence, and anything else relevant to the stop. We will thoroughly read and inspect the evidence. Each case is unique and different. That's why Bray Law looks at each and every case and determines the best way to get the case dismissed or reduced. In many of these cases, by looking at the evidence, we determine that the officer did not conduct himself appropriately, the stop itself was illegal, the blood was mishandled, or any number of issues that could have occurred in your case.
How does a Motion to Suppress work?
Once Bridgett Bray determines that a Motion to Suppress should be filed in your case, she will file a written or oral motion with the court. The court will then have a hearing where the state must present any evidence they have concerning the suppressible issue and the prosecutor will have a chance to argue why the motion should be denied. After both sides have made their argument, the judge will decide which side made the best legal argument. If the motion is granted, the state may not present the evidence that the judge deemed inadmissible in trial, whether it's a bench or jury trial.
Motion to Dismiss
Another motion Bray Law could deem is appropriate in your case is a Motion to Dismiss. This could be based on several legal issues. The most common in a DUI is a demurrer. A demurrer is a pleading for dismissal of the case that even if the facts alleged in the complaint were true, there is no legal basis for the charges. Basically, this motion is based in the fact that the defendant was charged with the wrong criminal charge or code section or there is a deficiency in the charging document (the indictment or accusation). Depending on timing of the motion, this could result in a dismissal, directed verdict, or acquittal.
Why should I hire Bray Law?
Attorney Bridgett Bray has filed and argued numerous motions as a prosecutor and a defense attorney. Her knowledge is extensive and her experience will work for you. In many DUI cases, the difference between a conviction and a dismissal is one motion filed and argued by a qualified and experienced defense attorney. Contact Bray Law today so we can discuss how we can help you today.