Reader’s Question:

We believe that my sister was detained illegally when she was arrested for DUI here in East Canadian, Oklahoma. How can we suppress the evidence gained from her at the time of the arrest?

Zena

East Canadian, OK

A suppression motion based upon the Fourth Amendment to the US Constitution focuses on illegal search and seizure techniques. If your sister was detained illegally when she was arrested for DUI in East Canadian, Oklahoma, her DUI lawyer can definitely file for motion to suppress so that the evidence obtained from the illegal detention cannot be used by the prosecution. Testimony or statements that are obtained as the result of an unlawful detention, arrest, or search are also subject to suppression.

The motion to suppress could be the most beneficial if it is granted, because it can effectively erase any statement or testimony from police officers and law enforcement officials. In most DUI cases, which are DUI misdemeanor cases, the DUI lawyer will set a future date for a hearing to suppress evidence at the arraignment before your sister’s trial.

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