Motion to Dismiss a DUI in Manassas
A motion to dismiss is a motion filed by an attorney with the court to have a case dismissed before there is a full trial. These motions can be filed for a number of reasons such as when it appears that the government will not have sufficient evidence at trial or if they believe certain evidence should be suppressed. In Manassas, it is most common for motions to dismiss to be raised during the trial as the facts or factors that support them become evident.
For example, if a driver is pulled over, but that stop is not supported by either probable cause or reasonable suspicion of criminal activity, a Manassas DUI attorney can make a motion to suppress the evidence. Any evidence that the police officer found during or subsequent to that stop, including evidence of the driver being under the influence, could be excluded from the trial leading to a dismissal of the charge. In some cases, it makes sense to file these kinds of motions in advance of court, particularly if there is a novel issue or something to educate the judge about in advance.
Elements of the Motion
A motion to dismiss a DUI in Manassas has to include all of the legal reasons why the case should be dismissed. It also contains a recitation of the facts, which support the legal reasons for the case to be dismissed.
Following a Motion to Dismiss
Once a motion to dismiss is filed, there are a couple of ways in which the matter can proceed. A hearing can be scheduled, prior to trial, to have the court determine whether the motion to dismiss should be granted. In other cases, the motion’s hearing is scheduled for the same day as the trial and the court hears the motion before the trial begins that day. The prosecution is also given a chance to respond in writing prior to the hearing.
Why to File a Motion to Dismiss
There are a number of reasons that someone might file a motion to dismiss. One might be that there is evidence, which ought to be suppressed in the case, without which the government cannot go forward. A motion to dismiss can be based on the right to a speedy trial or expiration of the time limit for that type of case, among other reasons. In DUI cases, there are a number of ways in which the government can undermine its own case and cause it to be ripe for a motion to dismiss to be filed, which can, potentially, shortcut the trial process and cause the case to end prior to a full hearing.
Importance of a Lawyer
A motion to dismiss a DUI is a legal pleading. Legal pleadings in Manassas have specific requirements for what they must contain, the form that they are in, as well as the timing of making that motion. This is not something that a lay person is generally able to do. In addition to legal training, it also requires experience trying criminal cases, as well as filing motions, to ensure that it is filed correctly so that it can actually be effective in helping a person defend their case.