A motion to dismiss is a written request that asks the court to dismiss the charges based on some legal justification. In an intoxicated driving case, the justification is usually that the police have violated the defendant’s rights.
If you believe your rights were violated or there was some other procedural error in your case, consult a lawyer on filing a motion to dismiss a DUI in Phoenix. Regardless of whether this option is available in your situation, the dedicated attorneys at Grand Canyon Law Group will fight to protect your best interests and tirelessly defend your case.
A Phoenix DUI attorney at our firm may file a motion to dismiss when there is a sufficient factual and legal basis. A good example of when a motion to dismiss is appropriate is when police violate a person’s right to counsel.
Suppose that during the course of a DUI investigation, the suspect asks to speak with a lawyer. If the police do not give them an adequate opportunity or the means to do so, this may violate a person’s right to counsel. The violation may allow an attorney to file a motion to dismiss the DUI charges.
This would result in the court holding a hearing to determine whether that right was violated. If so, the court may end up dismissing the case. DUI defendants who believe their rights have been violated should consult our Phoenix lawyers on whether a motion to dismiss is appropriate.
A motion to dismiss must include the following:
Motions to dismiss involve specific and complex legal considerations, making it essential to work with an attorney experienced in DUI cases. Someone without that legal knowledge will not know what to look for regarding the violation of rights. They will not know how to apply the relevant laws to the facts of the case.
After a local attorney files a motion to dismiss, the prosecution has an opportunity to respond, to which the defense will then provide a written reply. Next, the court will hold an evidentiary hearing. Whoever is accused of violating the person’s rights—typically the police officer investigating the case—will come in to testify. The parties will question and cross-examine that witness, and the court will make its ruling. Our skilled local attorneys know how to present evidence and make strong arguments at evidentiary hearings for motions to dismiss DUI charges.
If a motion to dismiss is not possible, our seasoned Phoenix lawyers can still work to minimize the DUI charges. Grand Canyon Law Group will work to find issues with the DUI case. Are there good defenses? Do we have issues with how the officer conducted the investigation or how the lab conducted the blood tests? Were there any problems with the testing machines or toxicologists?
A prosecutor might give a favorable plea agreement if they are concerned that they cannot prove their case. The prosecutor will consider prior DUIs and any aggravating factors like injuries or high blood alcohol concentration when deciding whether to lower the charges. If they know they are going up against a skilled attorney with a track record of success, they may offer better options for resolving the DUI case.
If the police violated your rights at any point during a DUI investigation or arrest, you might have options for getting the charges dismissed. However, it is important to remember that a motion to dismiss will not be available in every case.
Even if the charges are not dismissed, the skilled lawyers at Grand Canyon Law Group can use various defenses to prevent severe penalties and protect your future. Learn more about whether a motion to dismiss a DUI in Phoenix is available in your situation. Call today for a consultation.