Motion To Suppres
Probable Cause or a Police Officer's lack thereof is attacked during a Motion to Suppress hearing. If the Judge finds that a Police Officer lacked probable cause to stop your vehicle, all evidence after the stop is suppressed or thrown out. What does this mean? For example, lets say you are stopped because a police officer said you were traveling below the posted speed limit. This is not a violation of the law! Your attorney files a motion to suppress and the Judge holds a hearing. After the hearing the Judge decides that the police officer should not have been able to stop you. So even though you blew a .184 on the breathalyzer and admitted to being drunk, all of this evidence is suppressed or thrown out. Meaning the government can't go forward and you win!
RSS Feed