Step 6: Utah DUI Motions

In analyzing and evaluating your case, we look at possible motions to file with the court to suppress evidence that the prosecution wants to use against you.  We look at everything from whether the officer had a legal reason to pull you over to whether the chemical test was correctly administered.  The starting point is whether the officer had a legal reason (reasonable suspicion that you have committed a crime) to make contact with the driver.  If the officer cannot articulate a legal reason to pull over the driver, then the case is dismissed because all evidence obtained after the illegal detainment is suppressed.  If the officer had a legal reason to stop the driver, we look at whether the officer had a legal reason to arrest (probable cause that you have committed a crime).  We analyze the field sobriety tests and all the characteristics that the officer wants to use against you to form his opinion that you were too impaired to drive your car safely. If the officer did not have a legal reason to arrest, again, the case is dismissed.  Then we analyze your statements and whether they should be suppressed.  We also look at whether a breath test or blood test should be suppressed because it was not administered properly.  There is a myriad of motions that can be filed and argued in defending a DUI.  It is important to have a lawyer that specializes in DUI Defense to look at the complex issues involved in a DUI arrest. Many times, the motions filed prior to trial is where the case is won.

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