Arizona DUI & Criminal Defense Attorney Blog
Motions to Suppress Evidence in DUI or Criminal Charges Gilbert AZ
The Arizona Rules of Procedure for criminal cases governs the procedures and protocol for processing DUI & criminal cases. If retained, your attorney will review your case to determine if any of your rights were violated and what defenses may be used in your case. If one or more exist, they will file a “Motion” for the court’s review.
Motions should have justifiable basis and not be frivolous. If there is cause to suppress evidence in your case, legal advocate will file a “Motion to Suppress” certain evidence that the prosecution plans to use against you. The presiding judge may grant suppression of the evidence. In many cases, suppression of material evidence may lead to a dismissal of charges.
Reasons Motions to Suppress May Be Filed
Some are many reasons motions to suppress or prohibit evidence from being used against a defendant may be justified. Below are some common reasons:
- No “Probable Cause” for search or warrant;
- Unlawful Search and Seizure;
- The Search and Seizure was unlawful;
- Field Sobriety Tests Conducted were not Standard by NHTSA
- DUI or Drug Test evidence was compromised due to violations in administration, processing, transport, storage or labeling;
- Breathalyzer Tests was inaccurate, or questionable;
- Breathalyzer unit was not maintained properly or had malfunctioned;
- Evidence was mishandled by police;
- Search warrant was not valid or specific;
- Independent Expert testimony raises reasonable doubt about the evidence;
- Police or other witness’s testimony was biased or not objective
- Evidence was obtained unconstitutionally
Filing Motions to Suppress may lead to dismissal of charges
If evidence the prosecution plans to use against a defendant is suppressed, it weakens the state’s case. Any motion by the defense is a formal move that should be executed by a qualified criminal defense attorney. They will be dictated by the unique set of circumstances in a person’s case. A defensive motion to suppress tells your side of the story to the court, and basis for which the evidence should not be allowed. When supported by legal authority of law, if granted, motions to suppress material evidence may lead to a dismissal of charges.