Motion to Dismiss DUI in Oklahoma
Many Oklahoma DUI cases can be settled before ever going to trial. There are several ways in which this can happen, including through the filing of pre-trial motions such as a motion to dismiss.
A motion to dismiss is a formal request to the judge to dismiss your case outright. The motion must include specific factors that warrant dismissal, such as breaches in protocol committed by the arresting officer or other substantial case errors.
If the judge grants the motion to dismiss, then the case is officially closed and you are completely cleared of the DUI charge. The charge also becomes eligible for expungement.
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When Is a Motion to Dismiss Filed?
We may file a motion to dismiss if we believe that the case is not founded on sufficient evidence. In a DUI case, this could include:
- Not having sufficient reason for the initial traffic stop
- Not having reasonable suspicion to initiate a roadside DUI investigation
- Not having sufficient probable cause to justify the arrest
Can a Motion to Dismiss Be Filed in My Case?
A motion to dismiss is not an option in every case; it depends on the specific details and circumstances. It is also worth noting that there are specific rules regarding motions to dismiss, and these rules vary between state, municipal and federal courts.
Our attorneys and investigators thoroughly research every case, and we have had several prior DUI clients’ cases dismissed after filing a motion.
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
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INTERNATIONALLY RECOGNIZED AS A LEADER IN THE FIELD OF DUI DEFENSE John Hunsucker, The Only Board Certified DUI Defense Attorney in Oklahoma City By The National College Of DUI DefenseAs a leading authority in Oklahoma DUI defense, John and the Hunsucker Legal Group have argued successfully to the Oklahoma Appellate Courts several issues relating to drivers license issues that resulted in thousands of clients having their license returned without any license revocation.
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FIGHT FOR YOUR LICENSE Brian Morton, Former Assistant General Counsel for the Oklahoma Department of Public SafetyFocused solely on Driver’s License Defense, he fights tirelessly for the rights of our clients, using his unique perspective and expertise to secure the best possible outcomes. His in-depth knowledge of DUI law, including implied consent and prosecutorial tactics, makes him an invaluable asset to your case.
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