Filing a Motion to Dismiss a DUI in Manassas
Motions to dismiss, or more broadly motions which might result in a dismissal, are motions which may determine the outcome of the case without the case actually being brought to a conclusion. These motions typically require an understanding of local procedure, however, making it imperative a Manassas DUI attorney is contacted. To learn more or discuss where there may be reasons to file a motion to dismiss your DUI case, call and schedule a consultation today.
Motion to Dismiss Examples
One possible basis for a motion to dismiss would be if there is an issue regarding whether the stop of the defendant’s vehicle was legal or illegal. The potential consequence of an illegal search is that all of the evidence that follows that stop may be excluded. In some cases this will result in dismissal if it leaves the government without enough evidence to proceed. Other kinds of motions, such as motions to dismiss based on double jeopardy or the speedy trial statute, invite the court to dismiss a case outright. A motion to strike is another type of motion that can result in dismissal. It can be brought after the Government has put on all of its evidence at trial where that evidence, even when viewed in the light most favorable to the Government, is insufficient for conviction.
Elements of the Motion
A motion to dismiss has to contain the reason for the motion, the facts which support the motion, as well as the relevant law that the judge has to use in deciding the case.
Reasons to File a Motion to Dismiss
A lawyer will file a motion to dismiss when they believe that there are facts or circumstances in the case which would allow the court to decide the case without actually having a trial. These generally relate to the insufficiency of the government’s evidence or the violation of some constitutional right (4th or 5th Amendment rights for example) or some statutory right (the right to a speedy trial for example). It is possible under some circumstances to end the case by motion to dismiss without having to go through the full trial.
After Filing in a DUI Case
In Manassas, after a motion to dismiss is filed, the court will then hear evidence, as well as the argument on that motion either in advance of trial, or in some cases, during trial.
Once the court has had that hearing, the court will make a determination as to whether the defendant has met its burden in making that motion and will either grant it or deny it.
Benefits of a Lawyer
It is important to have a lawyer with local experience take care of the drafting and filing of the motion to dismiss because it is a legal pleading which takes a very specific form and which needs to be done in a very particular way in order for it to be effective. This is not the kind of thing that most people can do on their own for any kind of case, much less on something complicated like a motion to dismiss for a DUI.