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Can Evidence Be Suppressed in A DUI Case?

A DUI conviction can cause you serious lasting harm and may tarnish your record making it difficult to get a job or attend school. Other serious consequences include fines, jail time, attendance in an alcohol program, community service, and probation. It is necessary to defend a DUI case with help from an aggressive Livonia DUI attorney. A strong defense is necessary to a successful case. The skilled lawyers at the Law Office of John Little, PLLC are here to defend you and protect your rights.

Evidence

Evidence in a DUI case can and will be used against you in your case. Overcoming significant evidence can be difficult in some circumstances. One of the best strategies for a winning DUI defense is to try to suppress as much evidence as possible. Suppression of evidence means that it cannot be used in the case. Evidence can only be suppressed when it has been improperly obtained. A motion to suppress is a pretrial action by your attorney requesting to exclude specific evidence from the trial.

Evidence Obtained Improperly

Sometimes evidence was gathered illegally. If this is not challenged the evidence will be allowed in, even if it was not attained properly. For this reason it is essential to seek help from a qualified Rochester attorney. The exceptional attorneys at the Law Office of John Little, PLLC have a proven track record of achieving successful results, even in some of the most difficult cases. A judge will determine whether evidence is admissible. A motion to suppress is filed by your attorney before the trial begins. During the trial, this motion is called a motion in limine (at the beginning). This type of request asks that the judge remove any specific evidence that could be considered highly prejudicial.

Problems with Evidence

Most people trust that the police or other officials have done their job correctly and that any evidence must be acceptable and gathered in accordance to law. That is certainly not always true. There are often problems with the manner in which evidence was gathered or evaluated which could cause it to be suppressed. For example, in a DUI case, the breathalyzer or other DUI test may not have been completed properly or the equipment could be faulty. A vehicle may have been illegally searched or the traffic stop may have been improper. Each case is different and therefore it is important that you provide your attorney with every detail of the situation in order to find out if there could have been evidence issues.

Inadmissible Evidence

Your attorney will review each and every aspect of your case to determine whether there is any evidence that should not be allowed. If so, the lawyer will provide the court with proof so the judge can make a decision. If evidence is suppressed it is important to note that only the specific piece of improper evidence will be disallowed. Suppression of evidence will almost always make your defense stronger but it may still require a hearing or trial. If you have been charged with DUI contact the experienced lawyers at the Law Office of John Little, PLLC at (248) 809-1402 for a free phone consultation.

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