Reader’s Question:

We heard about this suppression motion that can be filed on a DUI case and we really don’t understand what it means. So, what does suppression motion mean? Maybe it would help a lot in my father’s DUI case here in Bowie, Maryland.

Zoraida

Bowie, MD

Suppressible evidence can be defined as evidence that is obtained by illegal means, in bad faith and could not be introduced in a criminal trial. A great example of this is that if your father was arrested in Bowie, Maryland because of DUI but at an illegal DUI checkpoint. The evidence from him may be excluded even if that evidence showed that his blood alcohol content (BAC) was above the legal limit.

In any DUI case, motion to suppress usually address issues such as probable cause for the stop, the results (and administration) of the chemical tests used to determine BAC, results of all field sobriety tests, any statements made by the defendant, or some combination of all of the above. Moreover, the procedures of the BAC tests could give rise to a suppression motion, such as situations where the proper procedures were not believed to have been followed. In DUI cases like these, evidence obtained as a result of the suppressed test would also be suppressed, such as observations that occurred during the administration of the test, or confessions made during the test’s administration.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

It shocked all of us when my sister was charged for DUI here in Gaithersburg, Maryland. Every family member and friends is doing their best to help her. What defenses she could use on her DUI case?

Boyd

Gaithersburg, MD

Several DUI defenses could be brought up in court to help your sister on her DUI case in Gaithersburg, Maryland. Her DUI lawyer could challenge the results of the breath test and blood tests. The breath test should be properly given, and if not, the police officer could be at fault, thus evidence can be suppressed. The DUI lawyer could also find out if the operator was not certified and the machine was broken. If the maintenance records were not provided per the lawyer’s request, the breath test results could also be in question. If your sister had something in her mouth at the time of the testing and the mandatory observation period was not followed, the result could be a high false reading.

The one who would conduct the blood test should be a phlebotomist who was trained properly so that proper blood draw procedures are followed. The chain of custody of the blood sample should be sufficient and the blood sample should not be tainted nor contaminated. The criminalist should also be certified. If either or none of these are followed, the evidence on the blood test could be suppressed.

Tags: DUI, DUI advice, DUI lawyer