Motion to Suppress DUI in Nashville, TN
DUI Defense Lawyers Serving Nashville, Franklin, Brentwood & Mount Juliet, TN
Although the components involved in a motion can be extensive, most (although not all) contain the same three basic elements:
- First, notice of the fact that there will be a motion must be given.
- Second, there must be a hearing for the motion. The hearing is done by the judge and without a jury. This is usually the time when the judge will ask any questions or express any concerns he or she may have about the motion.
- And third, a judge will rule on the motion. A ruling can come right away or may take weeks.
At times an attorney may file motions as a strategic or urgent move, or for a trivial issue without their clients knowing that they have been done. Because lawyers have extensive experience with motions, this is usually not an issue, but a client may certainly ask to be involved in all details of their case.
If you have questions about defense motions and the way a Nashville DUI defense attorney may be able to protect your interests in the face of DUI or any criminal charges, call (615) 265-6383.
Fourth Amendment “Suppression” Motions
Numerous DUI cases are resolved on "suppression" issues. This ensures a defendant’s privacy rights, guaranteed by the Fourth Amendment to the United States Constitution. The remedy for such violations is the application of the exclusionary rule. This rule merely states that whatever evidence the police officers acquired as a result of the illegal privacy intrusion is "fruit of the poisonous tree" and cannot be used against defendants.
You Have the Right to Effective Legal Counsel
The Sixth Amendment provides a person the legal right to help from effective counsel. There are deadlines (as defined by Rule of Court) pertaining to most motions, and pretrial deadlines may exist but may not deny the defendant of the right to due process or the Sixth Amendment. Also, any Rule of Court must be published and submitted to the bar association as well as to all judges for that court, and it must be open for the public to view. This must be done even when the change is minor and will only take place within one area or courtroom. Rules that are approved must not clash with any other state law or policies (no matter how informal) already in place.
Contact May McKinney at (615) 265-6383 today to discuss your DUI charges with a seasoned team of professionals.
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"You Have Proven Yourself"Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.- A.W.
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"Made a Horrible Situation Bearable"
Shyanne immediately knew what to do and handled my case with professionalism and expertise. She made a horrible situation bearable and stayed with me throughout the process.
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""Do yourself a favor, make Rob your flavor.""I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.- Eric A
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"An Answered Prayer"You were an answered prayer and restored my faith. The negatives and hardships I went through along the way have made me a stronger and wiser woman.- Laura
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"Rob and his team did a fantastic job on my case... I would definitely use his services again."Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
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"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
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"A Great Firm to work with!!"Mr. McKinney assisted my daughter with two separate cases. Both were handled very professionally and had very positive outcomes. He was always helpful when meetings were held and assisted in making this extremely stressful time easier for her. I would recommend his firm to anyone who needs the assistance of very capable, professional, caring attorneys.- L.R.
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"Knowledgeable, Kind & Real"Her recommendations on how to proceed were spot on, and we got a favorable outcome.- Satisfied Client
