One of the most effective defense strategies in a DUI case is to file a
motion to suppress evidence. A strategically filed motion plays a key
role in the overall methodology of attacking the results of drunk driving
tests, and getting them thrown out.
A suppression motion simultaneously attacks
all drunk driving tests by seeking to exclude these tests from trial. Generally, the most beneficial
motion in a
DUI case is challenging the legality of the initial police stop. A suppression
motion that challenges the detention of the motorist is one of the most
critical motions that attack the drunk driving tests. Why? Because, a
successful suppression motion can mean the defense wins a DUI case.
Why a Successful Suppression Motion is Powerful
With a successful suppression motion, the court
excludes all evidence that was obtained by the police
after the illegal traffic stop. This includes the following types of evidence:
- Officer reports about the smell of alcohol on the defendant’s breath;
- Officer accounts that the defendant was slurring their words;
- Reports that the defendant was “acting” drunk;
- Incriminating statements made by the defendant;
Damaging results from the
field sobriety tests; and
Blood alcohol concentration (BAC) results from
breath and blood tests.
Challenging the Traffic Stop
When a suppression motion is challenging the legality of the stop, the
DUI defendant can provide valuable information regarding their driving.
How many times did the alleged weaving occur? How fast was the defendant
driving? What were the road and traffic conditions? Did the defendant
break any laws?
How long did the arresting officer follow before pulling the defendant
over? Was the road straight, or were there twists and turns? Since officers
rarely provide a full explanation of the defendant’s driving, a
suppression motion helps to
fill in this informational gap.
A motion to suppress evidence is usually filed on the following grounds:
1) questioning if the police officer had probable cause to make a traffic stop and
arrest, or 2) challenging the results of the chemical tests to determine BAC,
or 3) both.
The motion to suppress evidence is one of the key tools used by defense
counsel to defend DUI cases. If a motion is successful and the
DUI evidence is excluded, the state has no other choice but to dismiss the DUI case.
Doesn’t that have a nice ring to it?
If you’re facing DUI charges in Orange County, get a Board-Certified
DUI defense expert on your side –
call the Law Offices of Virginia L. Landry, Inc. today!