Legal Question in DUI Law in Washington

supressing evidence

I am going to trial on the 17th.on the 4th when i went to court it was found that for the dui charge to stick more evidence was needed as the officer on the scene of the accident on july 12th made a mistake in having me sign a piece of paper that was not ligit.So they supressed the blood test.today they say i must plead guilty or set it for trial as i would stand a better chance of having it all droped.What does it mean to supress evidence? With a court appointed attorney what chances do I have of this all being droped? What is your opinion? Thank you.Keep in mind that I have no prior record and no prior driving incidents..


Asked on 11/10/04, 9:20 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: supressing evidence

The fact that the evidence was suppressed means that the prosecutor cannot use it at trial. The jury will not hear about the blood test that was suppressed.

As far as second guessing your Public Defender, I cannot really do that. The potential evidence in a DUI case is considerable--there are a number of potential officer observations including the FSTs. You will have to talk to your public defender about what the best chance of having the case dropped might be.

Something that is often looked at is why you were pulled over to begin with. If there was some "bad driving" on your part, the prosecutor will usually offer a Neg. 1 when the DUI is weak. That may be the best offer you get.

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Answered on 11/11/04, 12:10 pm


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