DUIs & Improperly Obtained Evidence

Posted By Tomeo Sills, LLC || 5-Sep-2017

Driving under the influence (DUI) charges are punished rather severely in most states. Some people face jail time, while others can lose the right to drive. If you were arrested for a DUI, the arresting officers were under a duty of care to perform certain actions in processing your case. One of the defenses for a DUI charge is improperly obtained evidence.

A skilled DUI attorney will be looking at every detail of your situation to determine the strength of the prosecution’s case. If there is insufficient evidence to convict, you may not even have to go to trial. However, if there is sufficient evidence, your lawyer will examine how the evidence was collected to see if he or she could suppress it in court.

Evidence used in any case must be relevant and competent, meaning it needs to be directly related to the charges and collected or handled in accordance with the law. If it isn’t collected according to the law, the exclusionary rule can be applied to the evidence collected. The exclusionary rule prevents the government from using most evidence gathered illegally. Likewise, according to the “fruit of the poisonous tree” doctrine, any evidence, testimony, or even confessions can be excluded from trial if they resulted from an illegal search or another constitutional violation.

Some reasons a court may suppress evidence includes an unlawful search and seizure, failure to read Miranda rights, and chain of custody errors. If your arrest included any illegal element, your attorney may be able to exclude any evidence that could be used to convict you of a DUI.

Talk to a skilled Connecticut criminal defense attorney about your case to better understand your situation. Our lawyers at Tomeo Sills, LLC have more than 40 years of collective legal experience to offer your case. We are dedicated to helping people defend their rights and freedom. Let us see what we can do for you.

Contact us at (844) 913-7747 or fill out our online form to schedule your free case consultation today.

Categories: DUI
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