Motion to Suppress in Georgia
In any DUI case, the likelihood of conviction is directly tied to the quantity and quality of the evidence collected by the police and prosecution. If the state has a mountain of evidence against you, there is a good chance that you will lose your license or spend some time in jail. However, if the case against you is low on proof, it may be possible to have it dismissed.
If you wish to escape conviction, you would be wise to do everything in your power to shrink the amount of evidence the state can use against you. You may be able to accomplish this goal by hiring an experienced DUI attorney, like those here at Yeargan & Kert, LLC, to file a motion to suppress on your behalf.
What is a Motion to Suppress?
Every citizen and resident of the United States is protected from unreasonable search and seizures by the Fourth Amendment of the Constitution. A motion to suppress allows a defendant to exercise this right by asking a judge to exclude certain illegally obtained evidence from their criminal trial.
Why You Should Hire a Yeargan & Kert, LLC DUI Defense Lawyer
If you have reason to believe that a portion of the evidence collected against you in your DUI case was obtained illegally, you would be well-advised to retain the services of a Yeargan & Kert, LLC attorney as soon as possible. When you hire us, we will:
Carefully Review the Details of Your Case
The defense attorneys here at Yeargan & Kert, LLC are extremely thorough. When you bring your DUI case to us, we will spend hours scouring through it in search of illegally obtained evidence. With our team on your side, you can be confident that any tainted evidence in your case will be brought to light.
File a Motion to Suppress on Your Behalf
If our experienced lawyers identify any unlawfully obtained evidence, we will immediately file a motion to have it suppressed. Having filed countless such motions in the past, we understand how to concisely explain to the judge why we believe the evidence against you should be dismissed.
The knowledgeable attorneys here at Yeargan & Kert, LLC have been defending Atlanta residents against their DUI charges for years. We would love to help you as well. To set up an initial consultation with a member of our team and take the first step toward creating a strong attorney-client relationship, just give us a call or contact us online.
Understanding the Process of Filing a Motion to Suppress in Georgia
In the state of Georgia, filing a motion to suppress evidence is a relatively straightforward process. It begins when an attorney makes a formal request to the judge to have some evidence thrown out. Such a request is generally submitted in written form, but it can also be submitted orally in court.
In filing their motion to suppress, the lawyer must clearly state what evidence they would like to have dismissed and why. In explaining why the evidence should be thrown out, attorneys generally refer to previous cases that had a suppression motion granted under similar circumstances.
Once the defense lawyer’s filing has been received by the court, the prosecution is given a chance to respond. In their response, prosecutors usually dispute the facts outlined by the defense or provide legal reasons why they believe the evidence should be allowed.
When the judge receives the prosecutor’s response, they generally take some time to review the merits of both arguments before making their ruling.
Over the years, the Yeargan & Kert, LLC team has filed countless suppression motions. If you would like us to file one on your behalf, please contact us as soon as possible to set up a free consultation.
What Evidence Can Be Suppressed in Georgia DUI Cases?
In Georgia DUI cases, just about any piece of evidence can be suppressed if there is a good reason to do so. A brief list of some of the most commonly suppressed evidence would include:
The Traffic Stop
Generally speaking, law enforcement officers in Georgia cannot pull drivers over without reasonable suspicion. In DUI cases, such suspicion is likely to come in the form of erratic driving or running red lights and stop signs.
If the police officer pulls a driver over without reasonable suspicion, the stop becomes unlawful. As such, any evidence collected during the stop can be suppressed.
The Physical Evidence
When arresting a driver on suspicion of driving under the influence of alcohol, law enforcement officers almost always collect blood samples as evidence. However, if the state does not properly store the blood, its results may be unreliable. As a result, the judge is likely to rule in favor of having the blood evidence suppressed.
The police and prosecution are also obliged to maintain a written chain of custody for all physical evidence that they collect. If this chain is broken, it is impossible to tell if the evidence has been tampered with or not. As such, the court may decide to have it suppressed.
In the United States, DUI arrestees must be read their Miranda rights before they can be questioned or interrogated. If the police fail to inform them of their rights, any confessions that they make under questioning can likely be suppressed.
If you need an experienced DUI attorney to provide you with sound legal advice, please do not hesitate to reach out to the team here at Yeargan & Kert, LLC. We are always available to help our friends and neighbors in Atlanta fight back against their DUI charges.
Common Reasons for the Granting of a Motion to Suppress in the State of Georgia
Judges in the state of Georgia may decide to suppress evidence in a DUI case for a wide variety of reasons, such as:
Chain of Custody Errors
Evidence in a criminal case must be properly maintained from the moment it is seized to the moment it is presented in court. The state is required to keep a written log of where the evidence was and who was in charge of it at all times. If there is a gap in this log, the evidence becomes tainted and a judge is likely to grant its suppression.
Failure to Read Miranda Rights
When arresting a criminal suspect, the police are required to inform them of their Miranda rights before subjecting them to questioning. If they fail to do so, any statements or confessions given during the subsequent interview will almost certainly be ruled inadmissible.
Unlawful Search and Seizure
Before searching for evidence, the police must have a valid warrant, probable cause, or the permission of the suspect. If they do not have one of these three things, their search becomes unlawful. As a result, a judge is likely to rule that any evidence found during the search should be suppressed.
To find out if the evidence in your case may be eligible for suppression, please contact Yeargan & Kert, LLC as soon as possible. Our skilled attorneys can review your case and let you know if a suppression motion is likely to succeed in your case.
Common Reasons for the Denial of a Motion to Suppress in the State of Georgia
Not all suppression motions are successful. Judges may choose to deny such motions for a broad range of reasons, including:
Good Faith Actions
If a police officer acts on a warrant that they believe to be valid, only to later find out that it was invalid, courts will generally rule that the officer acted in good faith. As a result, a judge may decide not to suppress the evidence collected during the search, despite the invalid warrant.
In most instances, if law enforcement officers obtain evidence illegally, it will be suppressed. However, if a judge rules that the evidence would eventually have been discovered through legal means, they may decide to allow it to be presented in court.
For more information about the process of having evidence suppressed, please reach out to the team here at Yeargan & Kert, LLC. We can answer all of your questions at a free consultation.
How a Motion to Suppress Can Impact a DUI Case in Georgia
Suppression motions have the potential to massively impact Georgia DUI cases. If an attorney is able to have a relatively minor piece of evidence excluded from the case, it may be possible to negotiate a lesser charge with the prosecution.
If a defense lawyer can have a vital piece of evidence (such as the traffic stop or blood test) suppressed, they may be able to get the case dismissed altogether.
To find out how a suppression motion may impact your case, all you need to do is reach out to one of our attorneys. We will provide you with the information you require.
Your Atlanta DUI Defense Experts
The lawyers here at Yeargan & Kert, LLC have been helping Atlanta residents fight back against their DUI charges for years. If you would like us to do the same for you, please do not hesitate to contact us to set up an initial consultation. We are always ready, willing, and able to assist.