Motion to Dismiss an OUI in Dedham
A motion to dismiss an OUI in Dedham is made when a distinguished criminal defense attorney has an argument that the evidence is insufficient in the complaint in the police report to show probable cause. There may be another procedural issue that causes the court to dismiss the case.
For instance, if someone is not offered a probable cause hearing prior to the case being arraigned in criminal court and they are not under arrest, their defense attorney may bring a motion to dismiss for a clerk’s hearing and have the case dismissed in the district court level.
A motion to dismiss for lack of probable cause could be made if the police report does not show probable cause to believe the person was operating under the influence on a public way when they were arrested.When Can an OUI Lawyer File a Motion Dismiss?
If there is a viable motion to dismiss an OUI in Dedham that is obvious from the filing documents, a person’s OUI defense attorney should file that as soon as possible at the arraignment, or in between the arraignment and the pre-trial date. If new information comes to light later, the attorney can file a motion to dismiss at that time.
A lawyer may file a motion to dismiss when the police report does not show probable cause that somebody was under the influence of alcohol or if they were not on a public way. For example, if the person was on a private road, and that does not satisfy one of the elements of operating under the influence in Massachusetts, the defense attorney might file a motion to dismiss. If there are procedural issues such as not being offered the clerk’s hearing, or there is a speedy trial issue because the trial is past the timing standards in Massachusetts, a defense attorney might file a motion to dismiss for a speedy trial.What Must be Included in the Motion to Dismiss?
A motion to dismiss includes:
- The request from the defense attorney as to why they believe the motion is appropriate
- Applicable case law supporting the motion
- An affidavit of counsel
- An affidavit of the defendant
After a motion to dismiss an OUI in Dedham is filed, it is marked up for a hearing date. At the hearing, the defense attorney presents their argument. The prosecution is entitled to make an argument in opposition to the motion to dismiss. The judge makes a decision at that time or takes the motion to dismiss under advisement. The case might be dismissed and is finished. If the motion is denied, the case moves to a further date to trial.Benefit of Working with an Attorney
It is important to have a lawyer handle the drafting and filing of the motion to dismiss an OUI in Dedham because of the legal issues that must be satisfied before a judge considers the motion to dismiss. Certain statutes and cases apply that might make the argument stronger to persuade the judge to dismiss the case. The person needs an experienced lawyer who knows the appropriate arguments to make. It helps when the lawyer is familiar with the court and knows the arguments the specific judge is inclined to strongly consider.