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Florida DUI Attorney: Using a Motion to Suppress in DUI Defense

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Traffic stops, as described in the video above, are the number one reason for DUI arrests. Speeding, weaving, rolling through a stop sign, or other traffic infractions may be considered reasonable suspicion for a stop. Once law enforcement has pulled a driver over, that officer might continue with an investigation of the driver and the car for evidence of driving under the influence of alcohol or drugs.

A good DUI attorney will immediately begin his or her own investigation of the incident to determine whether the traffic stop was handled improperly or illegally by law enforcement. If the attorney recognizes that the defendant’s constitutional rights have been violated, such as violation of Miranda warnings, a motion to suppress illegally obtained evidence may be filed.

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What is a motion to suppress?

This is a formal request to exclude evidence that was unlawfully obtained according to Florida DUI law. By filing this motion, you petition the court to disallow the inclusion of certain evidence in your case. That means the evidence does not come in at trial and cannot be considered by the jury

A Florida DUI attorney can use a motion to suppress in many circumstances in a DUI case.

If your attorney believes that your rights were violated either during or after the stop, the case may be set for a Suppression Hearing. Reasons evidence may be inadmissible include:

  • The reason police stopped you
  • DUI testing procedures were improperly handled
  • Violation of Miranda warning
  • Tampering
  • Illegal search and seizure

Improperly obtained or inadmissible evidence may include:

  • Field Sobriety exercises
  • Any statements you made to the arresting officer after the unlawful traffic stop
  • The results of your breath test

Once the motion to suppress is filed by your DUI defense lawyer, the court will review the motion. If your challenge is successful, all evidence that was improperly obtained must be dismissed. In certain cases, this effective defense may help get all charges against you dropped because the State will have no evidence upon which to proceed.

Challenging the validity of the vehicle stop is one of the first issues the DUI attorneys at TK Law examine. If the court rules that the stop was unconstitutional, then all the evidence gathered by law enforcement after the stop is thrown out. A thoroughly investigated and well-handled Motion to Suppress hearing can result in a dismissal of the charges or much lesser charges than a Florida DUI conviction.

If you are facing DUI charges in Orlando, we encourage you to contact TK Law as soon as possible to see if there is any way you may be able to strengthen your case by identifying and filing a motion to suppress.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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