Once charged for a criminal offense in Michigan whether for DUI/OWI/OUIL or felony/misdemeanor, it is important for your DUI/Criminal Defense Attorney to search and find any viable constitutional issues in your case. Failing to raise the issues may cost you in the end. Having the skills of a good DUI attorney is essential when issue arises of whether the police violated your rights or their own rules and procedures in obtaining your breath, urine or blood samples. A motion to challenge these issues can be brought to the attention of the Judge to make a determination on the issue you represented. It is usually a good idea to bring these issues up much before the trial date.
Motion to Suppress Evidence or Dismiss Charges
A motion to suppress or a motion to dismiss the charge(s). If the motion is granted, your charge can be dismissed or the evidence suppressed which may result in a reduced plea deal. You will need the expertise of a good DUI /Criminal Defense Attorney who understandings the Michigan drunk driving laws inside and out but also an attorney who will fight for your constitutional rights and knows how to defend them. Failing to have your criminal or DUI case properly evaluated on the legal issues or failing to timely file the appropriate motions can effect your DUI or criminal charge in more ways than one. Below is a sample motion to dismiss/suppress evidence for a DUI charge in Michigan. This motion is fact-specific and should not be used or relied upon without our written permission. This motion is only for informational purposes.
Motion To Suppress Evidence And Request For Evidentiary Hearing
NOW COMES, the Defendant, by and through his attorney, DANIEL HAJJI, and for his motion states the following:
1. Defendant was stopped by Officer Hunch and subsequently arrested for an OWI.
2. That the police officer did not observe defendant commit any criminal traffic offense or civil infraction and did not have any legally articulable facts to conclude that criminal activity was afoot so as to lawfully warrant stopping Defendant’s vehicle.
3. That the police did not have reasonable suspicion or probable cause to arrest defendant for the underlying offense of operating while intoxicated.
4. That the police officer violated the Defendant’s right to be free of unreasonable search and seizure pursuant to the U.S. and Michigan constitutions.
5. That the fruits of the unconstitutional seizure and subsequent search must be suppressed.
6. That absent the suppressed evidence the prosecution lacks sufficient evidence to proceed and the charges must be dismissed.
7. That the Police failed to follow the 15-minute observation period as required and thus the datamaster breath test(s) should be suppressed.
WHEREFORE, Defendant requests that this court suppress the fruits of the unconstitutional search and seizure and dismiss all charges against Defendant. Defendant requests an evidentiary hearing.
Daniel D. Hajji
Attorney for Defendant