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.
-
"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
-
"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
-
"If your looking for a great lawyer, stop looking & hire these guys!"I can’t thank Rob Mckinney enough for all of his help with my case . I had never been in trouble before, & was very leery on paying for a lawyer, but from the moment I hired them, until my case was over, I never regretted my decision to have them represent me. Both Rob & Shyanne took every one of my phone calls, & answered every question that I ever could possibly come up. I was an emotional mess from the get go, and probably asked 1000 more questions than necessary, but they took the time to go through absolutely everything with me, and never made me feel like I was wasting their time or that I was inferior to them. Their knowledge, wisdom and guidance was so comforting & helped me with the stress of the legal process. My case took 2 years & 13 court appearances, so it was not an easy journey, but they made me feel at ease the entire time, & in the end, the charges were dropped. Thank you ! - Lisa F (aka super satisfied client)- Lisa F
-
"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
-
"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
-
"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.
-
"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.
-
"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.
- R.