DUI Defense and Penal Code 1538.5 - Using Motion to Suppress Evidence
By: Law Offices of Pereira & Moffatt
Penal Code 1538.5 allows a defendant to prevent evidence against them from being introduced and can be used effectively as a legal defense against a DUI charge. This is accomplished by means of a "suppression motion".
To implement a suppression motion, the DUI defense attorney files a pretrial motion. Thereafter, in a special evidentiary hearing, if the Judge grants the motion, the illegally obtained evidence is prevented from being used against the defendant in trial. Thus, the term "suppression"
In 2020, the Law Offices of Pereira & Moffatt issued a DUI suppression motion, in which they argued that the police officer had unlawfully stopped their client on the freeway. The officer claimed in his police report that he had stopped the Defendant for "swerving, changing lanes without his signal, and driving on the embankment".
The client claimed this was an illegal stop and that none of the accusations were true. The Law Offices of Pereira & Moffatt subsequently filed a subpoena for the "dash cam" footage of the officer. The video footage painted a completely different picture. After reviewing the video footage, the Judge did not believe the officer's testimony.
By granting the motion to the defense, the Court prevented any evidence obtained after the illegal stop from being used against the Defendant. As a result, the District Attorney had no evidence and no case! Not surprisingly, the case against their client was dismissed.
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Law Offices of Pereira & Moffatt