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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"Best criminal lawyer in Nashville."I have met with Mr. McKinney during a very difficult time. I was welcomed with open arms. Aside from being the best lawyer, he is a very caring person. He accomplished the impossible in my case. He worked relentlessly and brought my charges down from a serious felony to a misdemeanor. Which is unheard of from what I understand. I would have faced deportation but with his expertise and commitment to my case now I can become a citizen. Rob McKinney and his team gave me a second chance in life! For that I am forever grateful.- Pinar James
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"The Only Choice for the Best Results"The case came during my senior year of college. It was the scariest moment of my entire life. I felt my career was over before it even started. I chose McKinney Law Firm because they are the Best of the Best. To have a prepared and knowledgeable defense, in a room where you feel guilty until proven innocent, is invaluable. Roger T. May's no non-sense approach was deliberate and strategic. The results of the case were better than I could have ever imagined. After the case was over, I went on to land a lucrative job, travel the world, and have had a very successful career. I truly believe McKinney Law Firm gave me a second chance at life. I am forever grateful for the team's care, urgency, persistence, and professionalism during a very difficult time. "Because I knew you, I have been changed for good." Thank you.- -Satisfied Client
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"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
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""Expert care, unwavering support, and a team that truly fights for you—Savannah and her staff go above and beyond!""I cannot speak highly enough of Savannah and her incredible team. From the very start, she demonstrated expert care, attentiveness, and a true dedication to my case. Her professionalism and knowledge made the entire process smooth, and she took the time to ensure I understood every step along the way. What truly sets Savannah apart is her compassion and commitment. She and her staff were always responsive, thorough, and supportive, making me feel confident that my case was in the best hands. Their attention to detail and ability to navigate complex situations with ease made all the difference. I highly recommend Savannah and her team to anyone in need of expert legal representation. They not only fight for you but genuinely care about your well-being. Thank you for everything!- Josh
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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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"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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"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.
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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.
