You may receive notification that a Motion to Suppress is scheduled for your case if you are facing a DUI, which Ohio refers to as an OVI. Although it may sound complicated, this step in the legal process is quite important.
This is a brief explanation of a motion to suppress, its function in DUI cases, and your potential implications.
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What is a Motion to Suppress?
Your attorney will submit a motion to suppress to the court. Your attorney is essentially saying, “We believe the court shouldn’t admit some of the evidence in this case,” in this motion.
Perhaps the police broke the law or gathered the evidence in an unjust manner. A defendant may contest this evidence, for instance, if the police gave you a Breathalyzer test without a valid basis or if they handled the evidence improperly.
Why Does It Help in DUI Cases?
The evidence in DUI cases must be properly gathered by the police. Breathalyzer tests, field sobriety tests, and traffic stops are all subject to stringent legal guidelines. Any of these processes done incorrectly could have an impact on your case.
Your attorney will review all of the events. They will attempt to get the evidence removed from your case using the Motion to Suppress if they discover that the police erred or infringed upon your rights.
What Does It Mean for Your Case?
Your lawyer’s Motion to Suppress will stop the prosecution from utilizing certain evidence against you in court if the court grants it. It may have a significant impact on your DUI case.
The prosecution’s ability to demonstrate that you were driving while intoxicated is reduced in the absence of this evidence. In rare instances, the court’s rejection of especially important evidence may even result in the case being dismissed entirely.
Suppressing Evidence After an Unlawful Traffic Stop
In the event that police enforcement violates an individual’s right to be free from unreasonable searches and seizures—protected by the Fourth Amendment of the U.S. Constitution—it may be feasible to suppress evidence of a DUI.
Your attorney needs to confirm if the traffic stop was lawful. To begin a stop, law enforcement must have a good faith belief that a crime or traffic infraction is taking place. In the event that the stop is not justified by law, any further evidence gathered could be excluded from testimony in court.
If there was no good justification for the officer to halt your car, like swerving without obvious signs of intoxication, the entire traffic stop might have been illegal.
When law enforcement uses a minor traffic infraction as a pretext to look into more serious crimes, like DUI, it’s known as a pretextual stop. Your attorney may argue that the stop was illegal if it wasn’t the main goal to address the apparent infraction.
Your defense lawyer may be able to contest the legality of the traffic stop and the suppression of any further evidence if they feel that the stop was the consequence of racial profiling rather than a justifiable suspicion of misconduct.
Why This Matters
The prosecution cannot use evidence that the judge suppresses against you in court. It might have an impact on your DUI case. Usually, this results in the case being dismissed if all of the evidence from the traffic stop is deemed inadmissible.
What Happens Next?
There will be a hearing when your attorney files a Motion to Suppress. This is your attorney’s opportunity to argue why they believe the evidence should be excluded by the court. Prosecutors may also contend that the evidence is admissible.
After hearing from all sides, the judge will make a decision. The evidence will be suppressed if the judge sides with your attorney, meaning the prosecutor cannot use it against you in court.
How a Successful Motion to Suppress Helps Your Case
In your DUI case, a successful Motion to Suppress could mean all the difference.
Here’s how to do it:
- Reduces the Evidence Against You: The most direct effect of a successful motion is that it reduces the amount of evidence the prosecution can use against you. For example, if the police didn t have a valid reason to stop your car, any evidence they got from that stop might not be allowed in court. It can include breathalyzer test results, observations made by the officer, or anything else they discovered during the stop.
- Weakens the Prosecution s Case: The prosecution relies on evidence to prove their case. When key pieces of evidence are inadmissible, their case becomes weaker. It can be especially critical in DUI cases where evidence like breathalyzer test results often play a significant role. Without this evidence, the prosecution might have difficulty proving that you were driving under the influence.
- Potential for Case Dismissal: If the vital evidence gets thrown out in some situations, your case can be dismissed. It happens when the remaining evidence isn t strong enough to support the charges against you. It s not guaranteed, but it s possible depending on what evidence gets suppressed and how crucial it was to the prosecution s case.
- Creates Negotiation Opportunities: Even if your case isn t dismissed, a successful Motion to Suppress can create opportunities for negotiation. With less evidence, the prosecution might be more open to discussing plea deals or reduced charges. It can lead to a more favorable outcome for you than going to trial with all the original evidence in play.
- Demonstrates Fairness in the Legal Process: This motion also checks the legal process, ensuring your rights are protected. It shows that the court is committed to fairness, ensuring that only correctly obtained evidence is used. It is important for the integrity of your case and the legal system as a whole.
Common Misconceptions About Motions to Suppress
It’s crucial to address these frequent misconceptions regarding motions to suppress in order to guarantee that individuals have a more educated viewpoint because they frequently send people down the incorrect legal route.
Misconception: Motions to Suppress Are Always Successful
In a DUI case, filing a motion to suppress does not guarantee that the evidence will be excluded. In actuality, the strength of the legal arguments and the particulars of the case determine whether or not such motions are successful. They are not always successful, even though they can be very effective instruments.
Misconception: Suppressing Evidence Means a Case Is Dismissed
Some believe that if they are successful in suppressing evidence, the DUI charge will be dismissed. It’s not always accurate. Although it can make the prosecution’s case weaker, suppressing evidence does not always result in the case being dropped. There is a chance that the case will move on with less evidence or plea negotiations.
Misconception: Anyone Can File a Motion to Suppress
Another myth is that anybody charged with DUI can file a Motion to Suppress without consulting an attorney. A thorough comprehension of the law and its subtleties is necessary for these motions. For efficient navigation of this process, always retain the services of an expert DUI defense lawyer.l
Misconception: Motions to Suppress Are Quick Fixes
Some people think that the quickest and simplest approach to avoid a DUI accusation is to file a Motion to Suppress. Actually, these motions are a part of a drawn-out, intricate judicial procedure. They are by no means a quick cure because they entail extensive legal research, the collection of evidence, and court proceedings.
Misconception: Suppressing Evidence Means the Officer Acted Unlawfully
Suppressing evidence successfully does not always imply that the arresting officer broke the law. It could be the consequence of a technicality, incorrect paperwork, or a procedural blunder. It’s critical to realize that the legitimacy of the evidence—rather than the officer’s actions—is the main concern.
Misconception: All Evidence Can Be Suppressed
There are others who think that any piece of evidence in a DUI case can be contested and excluded. There are, in fact, boundaries to what you may and cannot suppress. For example, evidence collected in accordance with a legitimate search order or evidence that does not infringe upon the rights of the defendant may not be subject to suppression.
Misconception: Suppressing Evidence Means Acquittal
There is a misperception that if evidence is withheld, the defendant will always be found not guilty. Suppressing evidence can help the prosecution’s case, but it doesn’t ensure that the defendant will be found not guilty. The result of the trial is still greatly influenced by additional elements, such as witness testimony and legal arguments.
The Process of Filing a Motion to Suppress
Let’s make it simple for everyone to comprehend by breaking down the steps involved in filing a Motion to Suppress in a DUI case.
Step 1: Consultation With Your Attorney
See your attorney as soon as possible. In order to decide whether there are good reasons to submit a Motion to Suppress, your attorney will review the specifics of your DUI case. Since it establishes the framework for the entire process, this first consultation is crucial.
Step 2: Gathering Evidence and Information
When your lawyer determines that it is acceptable to file a Motion to Suppress, they will collaborate with you to collect all pertinent documentation and proof. Witness accounts, police reports, and other records pertaining to your arrest and the evidence may be included.
Step 3: Drafting the Motion
The Motion to Suppress, which outlines the legal grounds and justifies the exclusion of particular material, will be drafted by your attorney. This is a crucial step in the procedure that will be submitted to the court.
Step 4: Filing the Motion
The court managing your DUI case will receive the Motion to Suppress from your attorney. It entails paying the required filing costs and turning in the paperwork to the court clerk. After that, the court will set a date for the hearing.
Step 5: Notification to the Prosecution
A copy of the filed motion will be sent to the prosecution by your counsel as well. This customary practice guarantees that all parties are aware of the ongoing motion and are able to get ready to present their cases at the hearing.
Step 6: Preparation for the Hearing
Your lawyer will start working on your case as the hearing date draws near. It entails examining the available data and established legal precedents in order to develop strong arguments for the court. Being well-prepared is the best way to improve the likelihood of a successful result.
Step 7: The Motion to Suppress Hearing
On the day of the hearing, you and your lawyer will present in court. Both sides will submit their cases for and against the suppression of evidence at the hearing. The prosecution will refute the points made by your counsel, who will make arguments in favor of withholding evidence.
Step 8: Court Decision
The judge will consider the Motion to Suppress after hearing the arguments from both sides. The judge has the option of making a decision right away or delaying it. The evidence that has been suppressed will not be used against you in court if the court grants the motion. If rejected, the evidence in question will be used in the case.
Step 9: Next Steps
Your attorney will advise you on the following stages in your DUI case based on the court’s ruling. A successful motion could lead to discussions or a better result by undermining the prosecution’s case. Your defense plan might need to be modified if it is rejected.
Step 10: Continuing with Your DUI Case
Whether the Motion to Suppress is granted or denied, your DUI case will proceed. It’s critical to heed your lawyer’s advice and be prepared for any additional court actions, such as settlement talks, jury trials, or other legal maneuvers.
What Other Evidence Can Your Attorney Challenge?
The reliability or admissibility of various kinds of evidence can be contested by your attorney, including:
- Breathalyzer and Blood Test Results: If officers failed to conduct the tests correctly, your lawyer can challenge the results. For example, if they did not calibrate the Breathalyzer correctly or handle the blood sample properly, the results might not be reliable.
- Field Sobriety Tests: If the police did not conduct the tests according to standards, or if there were other factors like bad weather or poor lighting, a defendant can challenge the evidence.
- Officer Observations: Sometimes, what an officer thinks they saw can be questioned. For example, if they say your speech was slurred, but a video shows it wasn t, you can challenge that observation.
- Procedures and Protocols: If the police didn t follow the proper steps when stopping you, testing you, or arresting you, this could be a reason to suppress evidence. It includes making sure they had a legal reason to stop you in the first place.
- Statements Made by the Driver: If police didn t read your Miranda rights before you talked or pressured you into saying something, these statements can sometimes be inadmissible.
Seek Help from a Criminal Defense Attorney Immediately
In your DUI case, a motion to suppress may be a crucial stage. It is about ensuring that everything is carried out legally and equitably.
Consult your attorney if you find yourself in this predicament following a DUI. They can describe the workings and potential implications of a Motion to Suppress in your case.
Keep in mind that every DUI case is unique, so the best way to handle yours is to be aware of what’s going on.