The terms used in a DUI case can sometimes become confusing. A Motion to Suppress is sometimes filed by an attorney in a DUI case to challenge evidence the prosecution intends to use.
The challenge may be to any number of issues, including how the evidence was collected, the reason for a traffic stop, or the breath test, just to name a few.
After a thorough review of the evidence, an attorney may find issues with the evidence in a DUI case the prosecution has provided.
When this happens, a Motion to Suppress is filed, which lists the deficiencies in the evidence and asks the judge to throw that evidence out.
So why is your case set for a hearing on a motion to suppress?
Typically, a judge will have a hearing before making a decision on the Motion to Suppress.
Both the prosecution and the defense will be provided the opportunity to argue why the evidence is good or bad.
After hearing from both sides and considering the law, the judge will make a decision.
It is important to aggressively defend against a DUI conviction, which often includes arguing a Motion to Suppress.
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