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.
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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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"Maestro of the room"Rob is extremely intelligent and makes you feel comfortable at the same time considering your situation His staff is prompt knowledgeable and very kind Would recommend to anyone And would believe if they can not assist that they would lead you in the correct way It has been a pleasure These guys are worth every penny Thank you again- John
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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Look no further, Rob McKinney is the defense attorney you need."As a LEO wife, I was served with a frivolous OP from an estranged step family member. With the possibility of my husband not being able to process any firearms in our household, Mr McKinney's understanding the severity of the situation, Rob took the time to investigate and prepare for the hearing. With that said, Rob absolutely destroyed the petitioner and witnesses on the stand. It was worth the time, money and stress to see Rob in action. If the need ever arises in the future, Rob will always be our first call. You cannot go wrong putting your trust in Mr. McKinney.- Tara
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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"Simply Awesome"
I appreciate absolutely everything that you and your team have done for me. I could not have made a better decision than to have your representation during this horrific time in my life. Along the way, I feel like I was educated about the process and felt at ease with every step. The due diligence that was done on your behalf was top tier and goes without saying, simply awesome! The only regret I have is not coming to your first. You have my full support of referrals to anyone I hear that needs a great defense team in their corner, because I sure did! Again, Thank you!
- Anonymous -
"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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"We Owe You"We owe you so much for helping us and our son. We appreciate your legal expertise and support you gave our son this April.- Melissa & Alan
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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.
