Gainesville DUI Defense Motions Attorneys
If you are arrested and charged with the offense of driving under the influence, your defense may start with pre-trial motions. When your Gainesville DUI defense motions attorney files these, they are arguing certain points of your case before a trial even begins. If they are successful with their motion, your case may be dropped and the charges dismissed before your trial even begins. Below are the three most common defense motions your attorney may use.
Our Attorney May File a Motion to Dismiss
A attorney will examine the facts of your case to determine if your rights were violated. For example, if the police officer that stopped you did not have reasonable suspicion to pull you over, or probable cause to arrest you, that is a violation of your rights. A attorney will present these facts to the judge when they file a motion to dismiss and ask the court to throw out your case. If your rights were violated, particularly even before you were pulled over, it can result in the evidence against you being thrown out and the prosecution no longer having a case.
Our Attorney May File a Motion to Suppress
A motion to suppress is a defense motion asking the court to deem certain evidence inadmissible in court. For example, if the police officer seized an open container of alcohol during an illegal search, that evidence cannot be used against you in the case. Or, if the breathalyzer was defective, improperly maintained, or not calibrated properly, the results may also be thrown out. If the officer did not read you your Miranda rights when arresting you, that can also provide grounds for a motion to suppress.
Our Attorney May File a Motion in Limine
A motion in limine is not the same thing as a motion to suppress, but it is similar. A motion in limine usually takes place before the trial begins and your attorney may pursue this strategy in order to prevent the jury from hearing certain evidence. Motions in limine are usually filed when the prosecution wants to use evidence that is irrelevant or prejudiced, or violates another part of Florida’s evidence code to your detriment.
A motion in limine can greatly hurt the prosecution’s case. For example, the prosecutor may want to submit evidence that you have been charged with a DUI before, even though you were not convicted. Your attorney may argue that history is irrelevant and so, file a motion in limine to suppress it from the jury.
Our Gainesville DUI Defense Motions Attorney Can Advise on the Details of Your Case
Just like nearly every other element of your DUI case, the defense motions that are applicable are highly dependent on the facts of your case. At Meldon Law, our Gainesville DUI defense motions attorney will evaluate the facts of your case and determine which course of action will give you the best chance of success. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation.