Motion to Suppress
A motion to suppress evidence is a document filed with the court in a criminal case alleging some violation of a defendant’s constitutional, statutory, or administrative rights. In Ohio, this boils down to an attack on the probable cause to stop, probable cause to arrest, admissibility of the field sobriety tests, attacks on the breathalyzer and any other constitutional violations.
Typically after the document is filed a hearing is held, where witnesses are called and cross-examined. If the Judge finds a constitutional or administrative violation the evidence at issue will be suppressed or “thrown out.” This could lead to a dismissal of the DUI charge, the suppression of key evidence at a trial or force the prosecution to enter into a favorable plea negotiation.
There is a time limit for filing a motion to suppress, which makes it important to contact an attorney immediately after you are arrested.
Nicholas Klingensmith understands the issues involved with a motion to suppress and has argued numerous motions. Contact Nicholas Klingensmith at 513-258-2377.