If you have been been arrested for
DUI in Miami or elsewhere in South Florida you need to speak to an attorney as soon as possible. Alexander B. Ramey, Esq.
has handled hundreds of DUI cases. He can meet with you and give you a free evaluation of your case. All DUI cases are
different. Once he reviews your case he can tell you which legal motions and defenses can be used to try to get your DUI charges
dismissed or reduced.
What are DUI pre trial motions?
There are two
types of DUI pretrial motions that can be used to try to get you case dismissed or reduced: procedural motions, and substantive
motions. There are rules that determine whether a motion may be made ore tenus (orally), or if it needs to made in writing,
and rules that determine when a motion may be made and when it must be made.
Procedural motions cover a wide range of mechanical functions. They are used
to help investigate the State's evidence and prepare the defense for trial. Since these motions are needed to prepare for
the trial they generally have to be made before the trial day. Procedural motions include the requesting of evidence from
the prosecution, motions to compel depositions, motions to continue, motions for change of venue or change of Judge, motions
to have blood or urine reexamined by an independent laboratory, motions to inspect and test the breathalyzer machine, and
many other issues.
Substantive DUI Motions
motions are motions of legal substance. Substantive motions can be dispositive meaning that if the defense wins the State
must drop the charges, or they may weaken the State's case enough to compel them to offer a breakdown to a lesser charge of
reckless driving. Substantive motions are generally heard on the day of the trial. They include issues such as Miranda violations,
involuntariness of statements, motions to dismiss for lack of probable cause and reasonable suspicion, motions regarding the
admissibility of evidence obtained without a search warrant, motions regarding certain evidentiary issues, the constitutionality
of police actions and the DUI statutes and regulations themselves.
As soon as you get out of jail
you should consult with a lawyer. The more time your attorney has to prepare your DUI defense the better. An aggressive DUI
defense attorney can use pretrial motions to try to get you case dismissed or get the charges reduced before trial. It is
better to try to win the case before trial with pretrial motions instead of just taking your chances with a jury and risk
a stiff sentence from the Judge.
Give us a call to set up your free consultation. Let us be you
DUI lawyer / DUI attorney in Miami-Dade, Florida!