I lost a hearing for a motion to suppress evidence in a first time dwi case.
There were many discrepencies in the officer's police report as she only was able to back up what she "thought she saw do" AFTER watching the video. During the hearing I thought it was a for sure victory, however, I felt my defense attorney provided little if any case law supporting my case and the prosecutor had 4 case law references against my case. I won the first hearing to keep my driver's license.
I have 30 days to appeal the motion to suppress denial. I think I have a chance. What are my chances? Any insight?
1 Answer from Attorneys
If you lost the hearing based on factual discrepancies, then you will not prevail on appeal because the appellate court demures to the trial court's factual findings. That the officer could not remember facts but these facts were established on the video does not help you.
As far as case law, the law is for you or against you. Generally, one side or the other will have the majority of the law on their side and will be able to present same to the judge.
You do not state what the basis was for the motion to suppress. In general, it is harder to prevail on appeal than in the trial court unless the trial court is just dead wrong on the law.
Winning the ALR hearing means little with regard to the DWI case. The issues are different, generally.
Talk to your trial lawyer about his/her opinion about the chances of prevailing on appeal. That lawyer is in the best position to know the answer to your questions.
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