Q. Another attorney advertises that he always seeks dismissal as the first step. Will you do that?
A. Of course we will and, to put it mildly, that is a real red herring. Every attorney worth his or her weight in salt will initially seek dismissal by the filing of motions. Plainly put, it would be malpractice not to. In our motion papers, this is the very first request we make. However, it should be firmly born in mind that dismissal at this stage and based upon the papers is rarely granted and if it is, the State always has the ability to re-file their accusation in a manner that corrects whatever mistakes existed since dismissal at this stage will not constitute Double Jeopardy.
The second similar opportunity is suppression of evidence. At this stage, the court will be asked to suppress the evidence which the State will use against you such as your breath test or your field sobriety tests. Again, we do this in each and every case and almost always have a pre-trial hearing on whether suppression should occur. Again, however, even here, the court has no power to dismiss, even if it suppresses all the evidence. That must wait for a trial. Accordingly, the real shot at a final dismissal is a trial, that is why you want a Board Certified Attorney with decades of experience at your trial.