Motion to Dismiss a DUI Charge in DeKalb County
Filing a motion to dismiss requires the help of a professional attorney who has experience dealing with DUI charges. Considering the complex requirements needed for filing a motion to dismiss a DUI charge in DeKalb County, it is in your best interest to reach out to a dedicated attorney for help.
The attorneys at Hawkins Spizman have the knowledge necessary to not only file this type of motion, but provide you with the representation needed for obtaining a positive result as well. Schedule a consultation today to learn more about how our firm can help.
What is a Motion to Dismiss?
A motion to dismiss is a legal document that a DUI lawyer would file within 10 days of arraignment but prior to trial, requesting that the judge hold an evidentiary hearing to determine if there is sufficient evidence to move forward with prosecution of the case. This type of motion is most frequently titled a Motion in Limine or a Motion to Suppress all evidence gathered. A motion to dismiss is alleging some sort of constitutional or legal violation. The motion will often allege that the stop of the vehicle was illegal and/or the police officer did not have enough evidence of probable cause to make an arrest.
There are many different types of motions to dismiss and what is filed will be based on the facts of the case. It is not only a highly effective tool to create leverage in the case, but it also pushes the prosecutor to review the details about what occurred and potentially resolves the matter with a dismissal if there was some sort of violation that occurred during the arrest.
When is a Motion to Dismiss Filed with the Court?
The statute requires that the motion be filed in court within 10 days of waiving arraignment. Most times whenever a lawyer gets retained on a case, if it is the appropriate jurisdiction like state courts or superior court, they can expect that a lawyer will file a motion to dismiss close to that time period to make sure that it is timely. Sometimes, they must wait to get the police report or the video in order to see some sort of violation. At that point in time, they might decide to file, but generally speaking, it is best to file at the beginning of the case.
Why is it Beneficial to File a Motion to Dismiss?
A lawyer would file a motion to dismiss if they believe that there is a legal issue with the case, they believe that there was an illegal stop, that there was an illegal search, or that there was not enough evidence to arrest the individual and other issues of that nature. Perhaps, there is a witness issue. In addition, having a motion to dismiss and a hearing before the judge presents an opportunity to go on a fact-finding mission to learn more about the case, to hear the witnesses’ testimony, and to determine what the case would be like at trial.
Importance of Working with an Attorney
Most individuals who are not practicing lawyers, and even specifically DUI lawyers, are not well-versed in filing these motions. There are time requirements, language requirements, and a requirement to know how to file a motion to dismiss without error. Just like how some people are not capable of doing surgery on themselves or treating a medical condition without formalized training, individuals are likely not capable of filing their own motion and arguing it in front of a judge.
As a result, it is important that you have an experienced attorney at Hawkins Spizman for filing these motions to articulate to the court the legal violation that the court should consider ruling upon.