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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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    "Knowledgeable, Kind & Real"
    Her recommendations on how to proceed were spot on, and we got a favorable outcome.
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    I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!

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    "Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"
    Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!
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    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
    "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.
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    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.
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