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Motion to Suppress

On Behalf of | Sep 13, 2013 | DUI

What is a Motion to Suppress? Many times in a DUI case we will file what is called a motion to suppress. This is a challenge to the legality of the case and it normally is broken down as a challenge to the initial traffic stop.

The first argument will be that the cop did not have probable cause to pull the person over for a traffic infraction or that the cop lacked reasonable suspicion that the person was engaged in criminal behavior to justify a traffic stop.

Next there is the argument that the cop does not have a well founded suspicion to order the person out of the car to perform field sobriety exercises and other various parts of a DUI investigation.

Finally there is an argument that based on the totality of the circumstances, the performance on the field sobriety exercises, the lack of physical or mental signs of impairment that the cop lacks the probable cause to arrest the defendant.

If the Judge rules on any of these grounds that the cop made a mistake or violated the law then the motion to suppress will be granted and the case will typically get dismissed.

There are times when a motion to suppress is more specific and you may just be asking to keep out statements or the fact that a breath test was taken. Now if this is granted the case may not get dismissed but will typically be much stronger for the defense.

If you have questions on motions to suppress call the Law Office of Corey Cohen for a free and confidential consultation.