If you are facing charges of driving under the influence, the evidence presented against you plays a big part in the final verdict rendered by the court. But, what if there are legal issues with the prosecution’s evidence? Is there anything you can do about it?
Fortunately, there is. Your defense can file a motion to suppress inadmissible evidence. When such evidence is suppressed, the court will not use it in determining your case. In short, it will be excluded from the trial.
When can evidence be suppressed?
There are several instances when this can happen. For example, if the police obtained your evidence in an illegal stop or in violation of your constitutional rights, it may not be admissible in court.
Chain of custody errors are also valid reasons for the suppression of evidence. If there is a mix-up with the chemical test results at the police station, for example, or the person who drew the blood was not qualified, that evidence could be suppressed. Other scenarios include forced confessions or those made in violation of your Fifth Amendment Rights that protect against self-incrimination, among others.
How could this benefit you?
When key evidence is excluded from your case, it may not be easy to prove your guilt beyond a reasonable doubt. This is the threshold needed for a guilty verdict in all criminal cases.
Reviewing the legality of the evidence against you should be part of your defense strategy. The legal nuances can be tricky to comprehend, and you should advisably seek experienced legal guidance for the best possible outcome in your case.