FAQ’s Regarding Florida DUI Attorneys (cont’d.)
One of the most powerful weapons in a DUI lawyer’s arsenal is the motion to suppress. As was mentioned in the previous section, a motion to suppress can be used to keep out any evidence obtained following an illegal traffic stop by police.
However, a DUI lawyer can use a motion to suppress in other circumstances as well.
To understand how this works, one must understand that evidence is to the courtroom like ammunition is to a war. The more bombs, bullets, and rockets an opponent has, the stronger he is and the more lethal he becomes. Conversely, the fewer bombs, bullets, and rockets an opponent has the weaker his side is and the less likely it is that he will win.
In the courtroom, the less evidence the prosecution has,
the weaker their case becomes and the less likely they are to obtain a conviction.
For this reason, a DUI lawyer will begin his/her work by reviewing the case for any possible motions to suppress. Once inadmissible evidence has been identified, a DUI lawyer will begin preparing the motion to suppress for court.
Such preparations may include the following:
- Taking depositions
- Requesting additional records
- Obtaining surveillance video
- Performing background investigations
- Presenting the case to a forensic expert for review
In essence, a motion to suppress essentially asks the trial judge to issue an order excluding certain evidence from use at trial because it is legally inadmissible.
The reasons why evidence may be inadmissible are great. An illegal traffic stop is one reason. The following list contains some of the most common other reasons:
- Violation of Miranda Rights
- Hearsay
- Lack of relevance
- Failure to authenticate
- Lack of foundation
- Tampering
- Failure to establish chain of custody
- Probative value outweighed by prejudicial effect
- Illegal search and seizure
- Scientifically unreliable
- Privilege
Not only are there numerous reasons why evidence may be inadmissible and subject to suppression, but a motion to suppress can be made by a DUI lawyer at any time up until the end of the case. In most cases, a motion to suppress would be filed before a case is brought to trial. However, circumstances may arise during trial which reveal that certain evidence is inadmissible.
When this happens, a DUI lawyer can object to the admission of the evidence or he/she could file a motion to suppress, if time for preparing and presenting such a motion exists. During trial, most inadmissible evidence is excluded when a DUI lawyer verbalizes and objection.
It is important to keep in mind that criminal cases and criminal trials are dynamic in nature. Each case must be evaluated according to its own facts and circumstances. What works in one case may not work in another.
Identifying Factual Defenses:
Aside from identifying and preparing a motion to suppress, a DUI lawyer will also analyze your case for any factual defenses. Unlike a motion to suppress, which is a legal defense (because it challenges the legality of admitting certain evidence), a factual defense involves challenging the prosecution’s charges based on the facts presented in the case. Thus, a factual defense will be based on presenting some or all of the following to a jury, in regards to the prosecution’s case:
- Lack of evidence
- Conflict in the evidence
- Unreliability of the evidence
- Proof of innocence
When it comes to DUI defense, any evidence that negates guilt or proves your innocence are all topics that should be explored by your DUI lawyer when he/she begins work on your case.