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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"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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"Held my hand every step of the way in one of the most horrible times in my life."There are no words to express how grateful I am to Rob McKinney. He was there for me when I was confronted with a very difficult time in my life. Rob fought long and hard to prove the good of my situation. His team was behind me every step of the way during the long drawn out time frame. Rob never gave up on me and made me feel cared about through every obstacle we faced. I am very confident that he is now someone who I can call "a Friend" for life. The best word to use in description of Rob is AWESOME!- Barbara N.
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"So grateful"Can't say enough good things about Rob and his team. I have used him on 2 or 3 occasions in different areas of law, He provided us with a caring , comforting atmosphere and explained all aspects of the steps necessary to achieve our desired outcome. Will highly recommend Mr. McKinney in whatever aspect of what the problem is . You will not regret it.- Donna Pearson
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"Perfect Results"I am grateful for this level of professionalism and you would be foolish not to have her represent you.- Kyle
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"Complete Confidence"Little words cannot express the gratitude we have for you! From the very first day we walked into your office, we had complete confidence in you and your staff.- Jack & Jessi
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"Best defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
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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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"Knowledgeable, Kind & Real"Her recommendations on how to proceed were spot on, and we got a favorable outcome.- Satisfied Client
