Arizona DUI & Criminal Defense Attorney Blog
Motions to Dismiss
Under Arizona Rules of Procedure, which govern criminal cases, your defense attorney may be able to file a motion your DUI or criminal charges based on facts surrounding your case. In order for the presiding judge to grant a dismissal, the request must be make in writing, it must be justified and supported by Arizona law, legal case citation, or specified constitutional right.
Types of Motions that may lead to dismissal of Chandler DUI charges
Some are many motions that can be filed. Below are some common motions that can be filed in defense of DUI charges:
- No “Reasonable Suspicion” for the DUI Stop;
- No “Probable Cause” for arrest;
- Challenge of invalid or inaccurate test results;
- Violations in blood test administration, processing, transport, storage or labeling;
- Mishandling of evidence by police;
- Driver was not in “actual physical control of the vehicle”;
- Unlawful Search and Seizure;
- Violations in “Miranda Rights”;
- Denial of the suspects access to legal counsel;
- Violations in other police guidelines, procedures and protocol;
- Suppression of other material evidence the prosecution planned to use
- Search warrant was not valid or specific
- Admit expert testimony in favor of defendant (exculpatory evidence);
- Failed Field Sobriety Tests were not “Standard” and recognized by NHTSA
- Disallowance of biased, questionable, or non-objective testimony by police or other witness
Criminal Defense Attorney – Motion of Dismissal in Chandler, AZ for a DUI
If you were arrested for DUI in Chandler, you will need a legal advocate to defend you. Any challenge or move to utilize defenses in your matter, is most effectively done through the lawyer you have retained to defend you. The motions that will be filed will be tailored to your particular set of circumstances. A motion that would be effective in one person’s situation may not be for another.
So it is important to find an attorney who will listen to your story and conduct their own investigation to determine what defenses will best serve your defense. If retained the will protect your rights; defend your charges; file appropriate motions; attend hearings to challenge the prosecution’s evidence against you; and make sure your rights are protected; and help you to avoid a criminal conviction with harsh sentencing.