Anyone who has been arrested and charged with Driving Under the Influence in Orange County should always consider hiring a Orange County DUI lawyer to represent them in court. Experienced defense attorneys know what to look for in the prosecution’s case to build a defense to your case. One defense that should always be considered is a motion to suppress evidence.
The most common way to attack a DUI case by using a motion to suppress evidence is to challenge the original stop of the defendant’s vehicle. Often times police cops will invent reasons to pull over vehicles on a hunch that they will be able to make a DUI arrest. Some officers will stake out bars and pull people over simply because they left that parking lot. If a Judge rules that officer did not have reasonable suspicion to pull the person over, then the arrest is unlawful and the evidence can’t be used. In a DUI case, that would include the person’s blood-alcohol concentration. Other potential evidence could include any observations made by the police, odors of alcohol they might have observed, and the results of field sobriety tests. In a successful motion to suppress evidence, the prosecutor is left with little to no evidence to prosecute the defendant and all charges are usually dismissed.
Any arrest California without an arrest warrant is presumptively unconstitutional. This means that prosecutor has the burden to prove that the initial detention and the arrest by law enforcement was proper. In order to do this, the prosecutor will have to subpoena the police officer who initially stopped the defendant’s vehicle to testify under oath as to their reasons for doing so. Sometimes these officers have a hard time remembering the facts of the case and other times they have a hard time lying under oath when they know that they didn’t have a good reason to pull the defendant over. There are also times when an officer is a bad witness who isn’t credible and isn’t able to explain his actions under cross-examination. In many of those cases a Judge will grant the motion to suppress and the defendant will avoid a DUI conviction.