2/14/2005 - Posted by:
LAW OFFICES OF BARRY I. BESSER
Phone: 714-978-1788
Fax: 714-385-2879
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MOTION TO SUPPRESS GRANTED ON A 3RD TIME DUI WITH .27 BLOOD ALCOHOL
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Generally, judges are reluctant grant Motions to Suppress, as they don't like to see a case get dismissed. What is a Motion to Suppress? This is where we try and show that the police officer didn't have probable cause to either stop the driver or arrest the driver for being under the influence of alcohol. The client that I was representing was facing a 3rd time DUI with a blood alcohol of .27. Needless to say, he was facing a lot of jail time. However, in reading the report, I found that we had a good chance to show that there was no probable cause to stop the driver. As I stated, even when that is the case, the court will generally look for any way not to grant the motion. In this case, the mistakes by the Highway Patrol were so glaring, that I was able to win the motion, and the case was dismissed. I was amazed, and everyone in the courtroom was amazed. At least the judge in this case looked only at the facts of the case, rather than at the defendant's record to make a proper decision.
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