Your Guide to Filing a Motion to Dismiss DUI Case in Washington, D.C.
When to File a Motion to Dismiss DUI Case
If you have been arrested for driving while impaired, your first thought might be to file a motion to dismiss the DUI case and move on with your life as quickly as possible. Unfortunately, in most situations, this is more difficult than you would hope.
When DWI charges are filed, they are viewed very seriously. Since motorists who drive while intoxicated are more likely to cause dangerous car wrecks, resulting in injuries, property damage, and even death, the penalties are often severe.
In addition to community service, expensive fines, jail time, and probation, a DWI conviction will be placed on your criminal record for life. This might affect your ability to obtain certain jobs, bank loans, and housing options. Hiring a criminal defense DUI lawyer like Joseph A. Scrofano of Scrofano Law can help you file a motion to dismiss your DUI case and regain your life.
Filing a Motion to Suppress DUI in Washington, D.C.
The defense attorney files a motion to suppress a DUI to have alleged evidence held back when the defendant questions the conduct of the arresting law enforcement officers. Improper conduct might include:
- Evidence obtained unconstitutionally
- Illegal search of the vehicle was conducted due to self-incriminating statements
- Unlawful police activity
Hiring a reputable lawyer in the Washington, D.C. area may provide you with peace of mind during what would otherwise be a very stressful time as you weigh your options.
How to Get a DUI Case Dismissed
There are a few primary factors that dictate how to get a DUI case dismissed. Most of these are based on irregularities occurring during the arrest. These might include a malfunctioning breathalyzer, an improperly conducted field sobriety test, or even police officer bias.
Although the optimal result is to have a judge remove the charges and throw out your case, acquiring a lesser sanction for the same charges is also a favorable outcome. Reduced charges or receiving a minimum sentence are often the result of the case’s circumstances, such as a medical emergency or unclear road signs. The right law firm can offer information and advice on these matters.
How Can a DUI Case Be Dismissed?
Now that you are aware of the possibility, you may be curious about how to get a DUI case dismissed. There are several methods that defense attorneys may use when filing to have your case removed. The earlier in the proceedings, the more likely they will be able to scrutinize the details of your case to look for anomalies that they can use.
What Happens if Your DUI Case Is Dismissed?
So, what happens if your DUI case is dismissed? Basically, when DUI cases are dismissed based on lack of evidence or any other reason, it is as if the incident never occurred. You face no additional charges or criminal penalties, and you are free to return to your regular life.
If, however, the court dismisses your case due to a technicality, it may behoove you to adjust your behaviors to avoid a future DUI arrest.
What Are the Consequences of DUI Case Dismissal?
Before going through the effort, you should consider what the consequences are of a DUI case dismissal. Aside from the expense of legal fees for your defense lawyer, there is no downside to requesting your DUI charge be dismissed. When weighed against the possible outcome of a conviction, the choice is usually an easy one.
On What Grounds Can a Case Be Dismissed?
One of the questions you might want to ask your legal counsel is, “On what grounds can a case be dismissed?” A DWI criminal case may be thrown out of court on the legal basis of:
- Constitutional violations
- Discovery violations
- Failure to properly follow procedural requirements
- Prosecutors failed to provide sufficient evidence
A Washington, D.C. attorney who is experienced with the local regulations and roadways can provide professional advice and information that may result in getting your charges dropped, as well as representation if your case goes to court.
Reasons for Dismissing a DUI Case in the D.C. Area
Most of the reasons for dismissing a DUI case involve inconsistencies, irregularities, and equipment malfunctions during the arrest. An experienced attorney will also be able to file such a motion if they believe there is insufficient evidence to warrant the DUI charges filed for that particular case.
How Often Do DUIs Get Dismissed?
When weighing your options, you may wonder how often DUIs get dismissed or whether your case can be reduced to other charges without the stigma and severity of driving while impaired. Generally, a first-offense DWI can often be reduced or dropped entirely at a rate of between 10 and 11 percent, depending on the circumstances.
Your criminal defense attorney can be of assistance when navigating this complex issue.
Can a DUI Case Get Dismissed in Washington, D.C?
Can a DUI case get dismissed? Although it depends on the situation and isn’t a common occurrence, your legal representative can request the prosecution or the judge to dismiss the case.
The process of getting your charges dropped can be a difficult one. The earlier you involve a defense lawyer, the more likely you are to obtain favorable results.
202-630-0926
Contact a Dedicated Washington DC DUI Lawyer
If you or somebody you know has been charged with a DUI in DC, contact Jason Kalafat of Scrofano Law at 202-630-0949 today to start developing an effective defense.