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Motion to Dismiss a DUI in Stamford

A motion to dismiss is a document which asks the court to dismiss the case against someone due to a lack of probable cause. The reasoning for a motion to dismiss a DUI in Stamford can be caused by a procedural error or lack of support to the case. To learn more about chances charge dismissal, speak with a distinguished DUI attorney right away.

Defining Motions to Suppress Evidence

Motions to dismiss and suppress evidence in a DUI trial are critical to any Stamford Connecticut DUI defense. In every case, an attorney considers what motions to suppress and dismiss are viable. Many times, the police seize evidence, forcing admissions, or statements without properly administering your Miranda Rights, or without properly giving you time to speak with an attorney.

Important Legal Actions to Take

The violation of someone’s constitutional rights is a due process issue and which can help you in court if the police make mistakes. Their errors and omissions can help you at trial in terms of making motions and suppressing evidence. An attorney can file a motion to dismiss when there is lost or missing evidence.

Oftentimes, the video tapes and 911 calls disappear. An attorney can immediately file motions to preserve evidence; that evidence may be helpful to you or help exculpate you. The failure of the Stamford Police or the Connecticut State Troopers to preserve evidence properly can sometimes lead to a motion to dismiss a DUI in Stamford or a reduction of charge.

When to File a Motion

A DUI lawyer very rarely files a motion to dismiss where it becomes obvious that there is not enough evidence to proceed to trial so there is no point in going further. In those limited circumstances where there really is no evidence, or if the arrest is made outside the Statute of Limitations, those are the opportunities in which to file that kind of motion.

Reasons for Filing for Dismissal

In a situation where there is no probable cause for the case to continue, a lawyer would file a motion to dismiss. If the prosecutor will not drop the case, the defense attorney can motion the court and ask the judge to decide if there is enough evidence to convict the defendant and, if not, ask the judge to throw the case out. A lawyer could file a motion to dismiss a DUI in Stamford if they felt the Prosecutor lacked of evidence to support the charge or if the client was charged outside of the statute of limitations.

Finding Support From Similar Cases

Case law must be included in the motion to inform a judge exactly what the law is for a motion to dismiss; cite cases that are similar to the present, and which motions to dismiss were granted. A defense attorney would need to include all the relevant information for the judge about this particular case to help the individual make a decision. Typically it would be a comparison between what the State needs to support the charge and the evidence that it has to show that there is a lack of evidence there.

Following the Submission of a Motion

There will be a hearing before one of the judges in the Stamford Superior Court. After a motion to dismiss a DUI in Stamford is filed, the judge will schedule a date for oral argument. Before the hearing date, the prosecution will have a chance to file a response to the Motion to Dismiss outlining their own research and include their own case law.

The parties have an oral argument in front of the judge, and the judge can ask specific questions about certain issues in the briefing or things that are going on in the case. The judge will decide, based upon the information received in the Motion, the Response, and the oral argument presented, whether or not to dismiss the case.

Reason for Having the Support of an Attorney

It is important to have a lawyer involved to look closely at the evidence there is, as well as what the statute requires, to make sure that all procedural considerations are followed and can advise as to the chances of success on such a motion.

There are many legal nuances involved in Connecticut criminal defense practice, and retaining someone experienced in Stamford Superior Court will increase the chances of giving the client the best defense possible.

Drafting and filing a motion to dismiss a DUI in Stamford is a very heavy legal task. There is a lot of legal research involved which is very specialized, as well as understanding and analyzing case law, and presenting it in a cohesive and persuasive manner for a judge to read.