Motion for Depositions
The ability to take a deposition in a misdemeanor case is controlled by Florida Rule of Criminal Procedure 3.220(h)(1)(D) which requires that the DUI attorney file a motion with the court stating the names of the individuals to be deposed and why it is necessary to the case.
Motion to Withdraw Capias (Warrant)
A warrant will be issued for your client’s arrest if he or she happens to miss a court date. You will need to file a motion with the court in order to get the capias “set aside,” “quashed” or “withdrawn.”
Motion to Waive Vehicle Immobilization
The court is required to order that a vehicle be immobilized or impounded after a DUI conviction. Florida Statute 316.193 provides multiple exceptions to the immobilization requirement.
Motion for a Continuance
Florida Rule of Criminal Procedure 3.190(g) governs motions for a continuance. All motions for a continuance must be made prior to the matter being set for trial or for good cause shown after the case has been set for trial. Try to notify the judge as far in advance as you can. In Florida, each judge handles a motion for a continuance differently.