What is a Motion to Suppress Evidence For A DUI Case?/ February 19, 2012
Generally, a motion is a written or oral application to a court for ruling or order directing some act to be done in favor of the one making the motion. Rule 12 of the Ohio Rules of Criminal Procedure require most motions to be made in writing. Suppression of evidence is the exclusion of evidence from use at trial. Therefore, a motion to suppress evidence is an application to a court for an order excluding certain evidence from use at trial.
A motion to suppress evidence in a DUI case is often based on an alleged violation of a constitutional right of the defendant by a law enforcement officer. Common constitutional issues that can be raised in a motion to suppress are violations of the Fourth Amendment right to be free from illegal searches and seizures, Fifth Amendment protections against improperly obtained statements, and the Sixth Amendment right to counsel.
In Ohio, a motion to suppress DUI evidence can also be used to challenge the admissibility of alcohol test results. This type of motion is based on a statute rather than the constitution, but the sought after result is the same, exclusion of evidence from trial.
Filing a motion to suppress evidence in a DUI case can be one of the most critical things that a defense attorney can do on behalf of a client. A our team knowledgeable DUI lawyers will scrutinize the prosecutor’s evidence, analyze the means used by law enforcement to obtain that evidence, and determine whether any or all of that evidence was obtained illegally. This can lead to favorable plea bargains, dismissal of a case entirely, or put the defense in a better position for trial.Related Posts