What is suppression of evidence in a DUI case?

What is suppression of evidence in a DUI case?

Neil Shouse (Defense Attorney) gives expert video advice on: What is 'probable cause' as it applies to a DUI?; Are police DUI checkpoints constitutional?; What is suppression of evidence in a DUI case? and more...

In a DUI case, suppression of evidence refers to a situation where a person was either pulled over or arrested without a probable cause. The police have to justify why they pulled you over and why they arrested you, and in court you are entitled to have a hearing where you can challenge whether or not the police had justification for doing those things. Typically at that hearing, called a 'suppression hearing', there will be testimony from the police officers, sometimes testimony from you or witnesses at the scene, and a judge will make that decision. If the judge determines that the police did not have probable cause to pull you over or arrest you, then typically the judge will throw evidence out of court and often will dismiss the entire case.