Motions to Suppress Evidence

| Oct 25, 2013 | Criminal Defense |

Boston’s Attorney John B. Seed is an expert at understanding how to best utilize the judicial system to help his clients in the case of DUI, DWI, or OUI misdemeanors.

Here he explains what Boston drivers need to know about filing motions to suppress evidence and how it helps:

Evidentiary motions to suppress can be filed in any criminal case where the defense is trying to suppress or exclude certain evidence from being used against the defendant at trial. The result of this motion is determined at a “motion to suppress” hearing, which involves live testimony from police officers, similar to a trial, except that they focus on simply one or a couple of key issues, instead of the entire event. If this motion is successful, then the district attorney cannot use the excluded evidence against the client at trial.

For example, Attorney John B. Seed may motion to suppress the breath test from trial because police did not follow proper procedure in taking the test from his client. Or, in both DUI and drug-related cases, Attorney John B. Seed will typically file a motion to suppress the motor vehicle stop itself. If he can prove the stop of the client’s car was illegal, then the stop as well as any evidence found after the stop is suppressed from evidence. In those instances, the cases are usually dismissed as all of the relevant evidence has been excluded.

Finally, another common motion to suppress is the motion to suppress the exit order. Attorney John B. Seed uses this most often in drug and gun cases that involve the use of a car. He argues that his client should not have been told to exit the car. If this motion is successful, the case is most often dismissed, as (again) all of the evidence that follows will be excluded as the exit order itself was illegal.