Motions in DUI Cases
DUI Defense Topics
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 used to fight DUI and DUI Less Safe are:
- 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.