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
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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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"It's a Comfort to Have You On My Side"
I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
P.S. — I really can't thank you enough.
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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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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
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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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"Forever Grateful"I want to personally thank Mr. Rob and Ms. Shyanne for everything they have done for me that took me to the resolution of being able to go on with my life. I’m forever blessed to have met them and had them in my life at a very rough time. Thank you.- K.
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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
