Lake City DUI Defense Motion Attorneys
Many criminal defense cases begin with pre-trial motions, and this is true for driving under the influence (DUI) cases, as well. These pre-trial motions are filed by a Lake City DUI defense motions attorney and if they are successful with them, a judge may dismiss your case before your trial even begins. Of all the pre-trial defense motions an attorney may use in your case, the three most common are found below.
DUI Defense Motions: Motion to Dismiss
When a criminal defense lawyer files a motion to dismiss, they are asking the court to dismiss your case. Your attorney may do this for a variety of reasons. If your rights were violated, such as if the officer that stopped you did not have reasonable suspicion that you were under the influence, that could be reason to get your case dismissed. Your lawyer will present these arguments to the judge, and present a strong case of why your case should be dismissed, to give you the best chance of a positive outcome.
DUI Defense Motions: Motion to Suppress
Your criminal defense lawyer may also file a motion to suppress as part of the DUI defense motions. With this motion, your lawyer is asking the court to throw out certain evidence so it cannot be used against you. For example, if the officer made an illegal arrest because they did not read you the Miranda warning, or they did not have probable cause to believe you were driving under the influence, those are all valid reasons to file a motion to suppress. If your lawyer is successful with this motion, any evidence obtained after the illegal act or improper procedure can be thrown out, so it cannot be used against you. This is often devastating to the prosecution’s case.
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DUI Defense Motions: Motion in Limine
A motion in limine is similar to a motion to suppress, but there are differences. A motion in limine is not based on an illegal or improper act but instead, it is based on irrelevant evidence. If the prosecution wants to submit evidence that is not relevant to the current DUI case, your lawyer may file a motion in limine to have that evidence thrown out.
For example, the prosecution may argue that you have a previous arrest for assault on your criminal record, even though you were never convicted. Your lawyer may file a motion in limine and argue that the prior arrest has nothing to do with your current case because you were never convicted and it is not even for the same offense. Being successful with a motion in limine means the jury will never hear that evidence against you.
Call Our Lake City DUI Defense Motions Attorney Today
DUI defense motions can greatly help you with your case, but it is important to seek out sound legal counsel first. At Meldon Law, our Lake City criminal defense lawyer will determine which motion is most appropriate to file, and argue your case to the court to give you the best chance of beating the charges.