What if the most serious piece of evidence against you could be eliminated from becoming present in court during your DUI case? This is one of the various tactics that DUI attorneys will use to help their clients face the courtroom with greater confidence. It is highly likely that evidence obtained during your DUI arrest was obtained illegally or possibly violated your rights.
If that’s the situation, then you might be able to work with your Indianapolis DUI attorney to file this motion and request the judge put certain rules into place for your case.
What is a Motion to Suppress?
A motion to suppress is a defendant’s request for the court to not allow certain pieces of evidence to be present or admitted into the trial period it’s possible that this is due to the evidence being obtained illegally or through a violation of the defendant’s rights.
A motion to suppress can apply to a wide variety of different pieces of evidence, and you may be able to use it in regard to the most serious evidence against you. It is possible that she can use it to prevent statements that you made to enter the court or even to acknowledge that a field sobriety test or breath test was not administered correctly and, therefore, inadmissible.
Is It a Good Thing?
For most people facing DUI charge is a motion to suppress is a good thing period. It is the opportunity to have the results of a field sobriety test restricted or statements that you made before the arrest restricted from the court. Statements such as, “Well, I only had a few” or “I stopped drinking hours ago,” can be really serious and drastically change the course of your charges if they make it court.
But, most of these statements aren’t admissible. These usually statement that you’ve made prior to being read your rights and prior to understanding that you’re facing DUI charges.
How Can This Serve People Wrongfully Charged with DUIs?
The biggest element that comes up with a motion to suppress and evidence involved in a DUI charge is that the police did not have a warrant or probable cause. But this leads back to the issue with DUI charges mostly relying on The arresting police officers report. Any police officer can include that they smelled alcohol or suspected the presence because of slurred speech or nervousness. That doesn’t mean that your nervousness was a result of drinking or intoxication. These suspicions often aren’t serious enough to justify the officer initiating a field sobriety test.
Unfortunately, most people don’t realize that they need to fight that particular element and then file a motion to suppress to have certain evidence restricted from the case. And typically, the court system will take the officers word. They will believe that if the officer suspected intoxication, then they had a right to provide a field sobriety test even if there’s nothing to support that suspicion.
What Type of Evidence Could Be Suppressed?
Evidence including statements, the results of field sobriety tests, the results of blood tests, and even the presence of physical evidence in your car can be subject to a motion to suppress. For example, if you got pulled over as a result of racial profiling, then you can challenge all the evidence related to your charges.
It’s also possible to challenge the evidence from a breathalyzer if the breath test device wasn’t calibrated. There have been many instances of people challenging blood tests the lab results because of mishandled samples.
Rathburn Law – Your Local Indianapolis Drunk Driving Defense Attorney
If you’re facing driving under the influence charges in Indianapolis, then you have a very serious issue on your hands. You may experience fines, jail time, and weeks, months, or years without a license depending on Past charges and past convictions. It is likely that you’ll need the support of an Indianapolis drunk driving defense lawyer, and you can find skilled and passionate DUI defense attorneys at Rathburn law.
Finding legal support to help in your DUI charges is a critical step that most people don’t take. It is likely that a lot of the evidence against you is not admissible, but many people don’t know how to file a motion to suppress alone. Many people don’t know that they need to ask about a motion to suppress in an effort to keep some statements or pieces of evidence out of court. Working with an experienced Indianapolis DUI lawyer, you’ll have someone to guide you through the process.
