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Probable Cause and DUI


Suppression of prosecution evidence is an issue that is often overlooked in DUI cases. The focus is often on the accuracy of the blood analysis or breath test results. However, DUI lawyers should always analyze each case in terms of prosecution evidence which can be suppressed as having been obtained in violation of the client's constitutional rights. The first issue is whether the initial traffic stop was based on valid articulable facts. The arresting officer must justify the traffic stop based on an observed driving pattern consistent with potential impairment or a violation of traffic laws. A traffic stop that cannot be justified on an objective analysis of the facts is an unlawful detention and a violation of the client's constitutional right against unlawful searches and seizures.

Similarly, the arresting officers decision to arrest must be based on facts that provide him or her with reasonable cause to believe that the suspect drove a vehicle while impaired. If the facts do not support probable cause to arrest in a DUI case, a motion to suppress all evidence obtained as a result of the unlawful arrest must be filed.

Any evidence obtained as a result of an unlawful traffic stop or an unlawful arrest in a DUI case must be the subject of a motion to suppress. This can include any admissions, the result of any field sobriety tests and, most importantly, the results of any breath test or blood analysis.

Los Angeles and Orange County DUI defense lawyers Jeffrey Gold and Nigel Witham will analyze each and every aspect of your case for potential argument and will file any suppression motion that may be relevant to the successful resolution of your case.