What Does "Motion to Suppress Hearing" Mean?
A "Motion to Suppress" is a request by the defendant that the judge exclude particular evidence from a trial. The motion to suppress evidence sometimes filed by an attorney in a DUI case to challenge the evidence the prosecution intends to use.
Motion to Suppress DUI
Most often a motion to suppress evidence is commonly related to the Fourth Amendment (search and seizure). The challenge of evidence may be to any number of issues, including:
- how the evidence was collected
- the reason for a traffic stop
- the reason for a breath test
What Happens at a Motion to Suppress Hearing?
After a thorough review of the evidence, an attorney may find issues with the evidence in a DUI case the prosecution has provided.
When this happens, a Motion to Suppress is filed, which lists the deficiencies in the evidence and asks the judge to throw that evidence out.
Typically, a judge will have a hearing before making a decision on the Motion to Suppress.
Both the prosecution and the defense will be provided the opportunity to argue why the evidence is good or bad.
After hearing from both sides and considering the law, the judge will make a decision.
It is important to aggressively defend against a DUI conviction, which often includes arguing a Motion to Suppress.
Call us at (440) 471-7784 and ask to speak to me, Joseph Patituce.