The term “motion” is used to describe the process by which an attorney asks the court to make a decision or grant relief. Filing the proper motions is only part of the aggressive representation our clients receive.

There are many types of motions that can be filed on our client’s behalf. The most popular motions in a DUI case are the motion to suppress and the motion to dismiss. The experienced attorneys of Finebloom and Haenel know how to use these motions to our client’s advantage.

The purpose of a motion to suppress is to keep evidence from being considered in a case. In a DUI case, most motions to suppress involve traffic stops, statements or breath tests.

• In a motion to suppress a traffic stop, the attorneys will use the information obtained in discovery to challenge whether or not an officer had probable cause to stop a driver or start a DUI investigation.
• If the driver made any incriminating statements, our attorneys will file a motion to suppress to try to keep those statements from being used against them.
• In a motion to suppress a breath test, the attorneys will question whether the proper procedures were followed in obtaining a breath or urine sample. They will also challenge the reliability of the method used.

If the motion is granted, the evidence will not be able to be used against the client. In some cases this can lead to dismissal of the charges.

In a motion to dismiss, the attorney asks the court to “throw out” or dismiss the charge against our client. Each motion to dismiss is fact-specific and unique to the client. A motion to dismiss alleges that even if what the State says is true, it would not support a charge of DUI. A motion to dismiss is not as commonly used as a motion to suppress.

There are other motions that may be filed on behalf of our clients. Each client’s needs are unique and evaluated on a case by case basis. Our experience gives us the ability to determine the proper motions to be brought before the court, as well as the best time to bring them to the court’s attention. The proper filing of motions is all part of the comprehensive representation Finebloom & Haenel give our clients when they hire us to fight their case.