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 concerns he may have about the motion. And third, there a judge will rule on the motion. A judge's ruling can come right away or possibly take weeks. At times an attorney may file motions as a strategic or urgent move, for a trivial issue, without their clients knowing that they have been done. Since 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.
Numerous DUI cases are resolved on "suppression" issues. This ensures that a defendants privacy rights, guaranteed by the Fourth Amendment to the United States Constitution. The remedy for such violations are 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.
The Sixth Amendment provides a person the legal right to help from effective counsel. There are deadlines (as defined by Rule of Court) when pertaining to most motions, and pretrial deadlines may exist but they 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 all judges for that particular 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.
Nashville DUI/DWI Defense Attorney
If you have been charged with a DUI in the Nashville area, please don't delay hiring a skilled Tennessee DUI Defense attorney. Contact us by calling 615-686-2115 to setup an appointment for a free consultation to discuss your case.