Motions in DUI Cases

Motions in DUI Cases

What is a Motion?

Motions are not pleadings but are requests for the judge to make a legal ruling. Three of the most common pre-trial motions include:

  • Motion to Discover: is used by our DUI lawyers to obtain evidentiary information from the prosecution.
  • Motion to Dismiss: petitions the court to dismiss the case because the charges lack a legally sound basis.
  • Motion for Summary Judgment: petitions the court, prior to any trial, for a judgment on the legitimacy of the DUI traffic stop and arrest.

Other pre-trial motions include: motion to suppress, motion to dismiss, and motion to change venue.

Why File Motions

Filing motions are a way to progressively break apart the prosecutions case. If successful, a motion can have evidence suppressed or thrown out, have charges reduced, or even have the entire case dismissed due to faults by the police.

Motions can be especially useful when a DUI arrest includes additional charges caused by:

  • illegal searches
  • planting evidence
  • excessive force
  • profiling or discrimination

As your DUI law firm, we can create a defense strategy and leverage legitimate tactics to affect a favorable outcome. We invite you to give us a call to learn more about how our DUI lawyers can help you fight a DUI arrest in Georgia.