Motions to Dismiss a DUI in Mecklenburg County

Motions to dismiss a DUI in Mecklenburg County are motions asking a court to clear out the charges based on the inability of the prosecution to prove the case on the prosecution’s own evidence. If granted, it would mean that the defense does not have to present any evidence and the case is dismissed by the judge.

If you were charged with a DUI, one of the best possible outcomes is to have your case dismissed. Contact a skilled DUI attorney who could examine the evidence and explore your options. If the prosecution lacks the evidence needed to prove your case, they may be able to file a motion to dismiss the charges on your behalf.

Filing a Motion to Dismiss

Usually, a DUI lawyer files the first motion to dismiss in trial at the close of the prosecutions’ evidence, often called a motion to strike. They will often renew that motion at the close of the defense’s evidence, prior to closing arguments.

A lawyer will often file a motion to dismiss if a case has gone to trial. Very often, when a case goes to trial, there are legitimate issues in the case and the lawyer will probably have a strong belief that the prosecution has not proven its case beyond a reasonable doubt on the prosecution’s own evidence.

A proper motion to dismiss must include an accurate assessment of the evidence that has been presented at trial by the prosecution. The defense attorney must include all relevant case law and legal standards as to why the court should grant the motion to dismiss.

Judge’s Ruling on a Motion to Strike

Once a motion to dismiss has been filed in court, the court will have an opportunity to rule on it after the prosecution has had a chance to argue against it. A judge will then decide whether to grant the motion to dismiss, in which case the case is concluded and all charges are then dismissed against the client.

Otherwise, the judge might deny the motion to dismiss, in which case the trial will continue. If the defense renews the motion to dismiss at the close of the defense’s case, the judge will have another chance to grant or deny the motion. If the judge denies the motion a second time, then the case will go to verdict.

Contact an Experienced DUI Attorney to Discuss Your Options

An experienced criminal defense attorney is going to be familiar with all relevant case law and issues specific to an individual’s case. Because of the attorney’s training and experience, they will be best prepared and most familiar with what is required for motions to dismiss a DUI in Mecklenburg County.

If you were accused of driving under the influence, do not hesitate to contact a seasoned criminal lawyer. After carefully reviewing the evidence against you, an attorney could provide advice about your legal options. However, you choose to proceed, a veteran attorney could guide you through every step of the process. Call today to discuss your case.

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