Stephen H.: Hello, my name is Stephen Hamilton. I’m a board certified criminal defense attorney practicing in Lubbock, Texas and the surrounding areas. And today’s video clip is what’s a motion to suppress and how can it help my case?
Stephen H.: Okay, think about it like this. A motion to suppress is basically something that we’re saying that was wrong in the case. A lot of times we’ll file a motion to suppress the stop.
Stephen H.: Easy example, let’s say the officer stopped you for a DWI. You were traveling down I-27 in Lubbock and you were doing 65 miles an hour, and the officer pulls up behind you, turns on his lights pulls you over, comes up, begins to tell you he’s going to stop you for speeding and then says, “Whoa, wait a minute, I smell alcohol on your breath. Have you been drinking?”
Stephen H.: He gets you out of the vehicle and has you do field sobriety tests and arrests you for DWI. And you are absolutely horrible on the field sobriety test. And you go down to the station, you take a breath test and you’re three times the legal limit. I mean you are drunk, drunk, drunk.
Stephen H.: But the problem for the police officer is the speed limit was 65, so when you were doing 65, you were doing what the law allows. And so even though they may have evidence that you were intoxicated, we could file a motion to suppress the stop, and if the trial court grants the motion to suppress the stop, no, no evidence from that stop would be admissible in a case.
Stephen H.: So then all of a sudden your case goes from a bad case to a good case because there’s no evidence. So that’s the benefit of a motion to suppress. Did the police officer have a legal reason to stop you? Do we file a motion to suppress? Is there a legal reason to arrest you dealing with field sobriety test? What about the breath test or the blood test? Are there suppression issues in that particular area? That’s what the benefit of a motion to suppress is and how it will help your case. If you have a good motion to suppress in the case, then you may not have a DWI anymore.
Stephen H.: My name is Stephen Hamilton. My office number is 794-0394. Please call me, set up a time. Come in and visit with me. Let’s talk about if there’s any suppression issues in your case. If you like this information, if you find it helpful, please press the Like button at the bottom of the screen, either YouTube or Facebook, so that your friends can hear the same information. I’m Stephen Hamilton and I hope you have a great day.