If you’ve been accused of drunk driving, then you’re probably afraid of what’s to come. Aggressive prosecutors may try to pressure you into a plea agreement or threaten to take your case to trial, obtain a conviction, and impose the harshest penalties possible. Although you may be able to negotiate a plea arrangement that allows you to avoid the most serious penalties, you should take a closer look at your case to determine whether you can suppress evidence and thereby destroy the prosecution’s case.
Even the most damaging evidence may be suppressed if the circumstances warrant it. Generally speaking, evidence may be suppressed when certain rights have been violated or the law hasn’t been followed. If one of these violations occurs, then any subsequently gathered evidence may be deemed “fruit of the poisonous tree,” meaning that it is too tainted to be admissible as evidence. For example, an illegal traffic stop may render the results of a subsequent breathalyzer test inadmissible.
Other errors can affect the admissibility of evidence, too. For example, chain of custody errors pertaining to blood samples can draw the integrity of the sample’s results into question, thereby making it too unreliable for use at criminal trial.
In order to succeed in suppressing evidence, though, you need to know the law and how you can utilize it to your advantage. Making compelling arguments in front of a judge on these matters can be intimidating, but thorough preparation and sound legal arguments can increase the chances of success if the facts are right. To learn more about this issue and how it might apply to you, consider seeking out legal guidance.