Fort Lauderdale DUI Defense Motions Attorney
In driving under the influence (DUI) cases, motions are often filed regarding certain aspects of the case. DUI defense motions ask a judge to take certain actions, or make decisions on certain elements of the case. If you are successful with a DUI defense motion, it can help get your charges reduced, or even dismissed, without taking the risk of going to trial and letting a jury decide. If you have been charged with driving under the influence, below are some of the most common motions our Fort Lauderdale DUI defense motions attorney may file.
DUI Defense Motions to Suppress
Motions to suppress are used any time your constitutional rights are violated. Law enforcement officers commonly fail to comply with the law and proper protocols, which can result in them obtaining evidence unlawfully. After a criminal defense attorney files a motion to suppress, a hearing will be held. If the judge determines the evidence was obtained illegally, they will deem it inadmissible and it cannot be used against you.
DUI Defense Motions to Dismiss
A motion to dismiss will result in your case being dismissed and your charges being completely dropped. However, this option is only available in limited situations. The main reason to file a motion to dismiss is that the prosecution cannot make a prima facie case. This means that even if the prosecutor’s arguments are true, they still do not indicate that the accused committed a crime. Other reasons to file a motion to dismiss include double jeopardy, immunity for the defendant, lack of a speedy trial, or misconduct by the prosecution or the police.
DUI Defense Motions to Compel/Motion for Sanctions
Motions to compel are filed when the prosecution has not fulfilled their obligations under discovery, meaning they have not provided important evidence to the defense upon request. When the prosecutor fails to comply with a court order, it can also result in a motion to compel. If law enforcement or the prosecution repeatedly refuse to comply with discovery requests or court orders, a defense attorney may file a motion for sanctions. A number of sanctions against the prosecution may be levied, including getting evidence thrown out of court, or the judge may even declare a mistrial.
DUI Defense Motions in Limine
Motions in limine are similar to motions to suppress, but there are some key differences. Motions to suppress typically ask a judge to suppress evidence obtained while violating the defendant’s constitutional rights. Motions in limine, on the other hand, seek to exclude evidence based on evidentiary grounds, such as when the evidence is unreliable.
Our DUI Defense Motions Attorney in Fort Lauderdale Can Fight Your Charges
If you have been charged with a DUI, there are a number of defense motions that may be appropriate for your case. At Meldon Law, our Fort Lauderdale DUI defense motions attorney can advise on the ones that may apply, and will give you the best chance of a successful outcome. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to obtain the legal advice you need.