Motions in Prince George’s County DUI Cases

During the course of DUI trials, attorneys can sometimes file what are called motions. Motions are requests that attorneys can make to the judges, in order to strengthen their case. By filing a motion, an attorney could gain evidence, get evidence dismissed, and so on. If you want to know more about motions in Prince George’s County DUI cases, speak with a capable DUI attorney that could fight for you.

Motions to Dismiss

One of the motions in Prince George’s County DUI cases that an attorney can file is a motion to dismiss. A motion to dismiss is a motion asking a judge to drop the case or have the case stopped for whatever reason they may deem appropriate. A DUI lawyer would file a motion to dismiss with the court for a number of reasons. It could be for a violation of speedy trial rights. It could be for discovery violations. Typically, they are be done orally in open court, There could be a number of reasons why an attorney files a motion to dismiss, but it is rare for a judge to outright order that in a DUI context.

Some reasons a lawyer would file a motion to dismiss include if there is a deficiency. A motion to dismiss is a remedy that could be utilized either when there is no practical reason to continue prosecution or when there has been a violation that would justify dismissal of the case by a judge. They are rare.

What is a Motion for Judgment of Acquittal(MJOA)?

There are different kinds of motions in Prince George’s County DUI cases that an attorney could file, one of them being a motion for judgment of acquittal(MJOA). An MJOA is a motion the defense raises at two parts in a trial, at the close of the state’s case and renews again at the end of the defense’s case. It is a motion made by the defense, arguing that one or more of the charges may not stand.

Even in viewing the evidence most favorable to the non-moving party, meaning the state, no trier-of-fact, no judge or jury, could find the defendant guilty of the charge or charges going forward. It is done at two different points in the trail to get rid of the charge at that point, meaning that those charges do not go any further in the trial as there is no need to. A DUI lawyer would not file an MJOA. They are made orally in the middle of the trial, both at the end of the state’s case-in-chief and at the end of the defense’s case-in-chief. In an MJOA, the defense must articulate the reasons as to why the charge could not and should not proceed any further. A judge should acquit somebody of that charge or charges at that early phase of the trial.

Reasons to Put Forth an MJOA

Some reasons a lawyer would request an MJOA are because an attorney should always make a motion and present whatever argument there may be. It could be as simple as the prosecutor forgot to put on certain evidence. If a person is charged with a DUI as well as speeding, for example, but the prosecutor is so intent on the DUI that they forget to talk about the speeding, an attorney could make an MJOA to get rid of the speeding charge because the state has put on that evidence. If they forgot or failed to do any evidence or the judge deems that certain evidence is not admissible, there is no reason to continue the charge presented for consideration later. Anytime there is a deficiency in the evidence presented, an MJOA is appropriate to make.

After an MJOA is made in Prince George’s County, a judge may deny it and the trial may continue or grant it. If a judge grants it in some of the charges, those charges are gone. The person is found acquitted and the remaining trial concludes on only the charges that have not been acquitted. If the judge acquits on every charge, the trial is over. It does not have to go to a jury, because it is over at that point.

Working with a Prince George’s County DUI Attorney

It is important to have a lawyer take care of making the MJOA because only an attorney knows the legal elements and requirements that the state must address to prove its case. If there is a deficiency, the average individual would not know this. A skilled DUI attorney may have experience filing motions in Prince George’s County DUI cases and could help you. If you have been charged with a DUI offense, speak with an experienced lawyer that could fight tirelessly for you.