1. DWI Attorney El Paso: Explains a
Motion to Suppress Evidence
DWI convictions will have serious consequences on person's life including
substantial financial penalties, a probable loss of driving privileges, negative
reports on their criminal record and an increase in auto insurance rates. In
addition to those consequences someone may also have to spend time in jail,
enroll in DWI classes, be placed under probation, perform community service
and pay additional fines and costs for other items such as court visits and
ignition interlock devices. There are several complicated factors that go into
determining the punishment for DWI arrest. Although you have the right to
defend yourself in a court of law, it is highly advised to hire an expert El Paso
DWI attorney that knows the process and by using their expertise could
possibly get the charges dropped or have the charges reduced to a lesser
crime.
One of the many steps in this process and the most common motions that
your El Paso DWI attorney will file are called a motion to suppress evidence.
A motion to suppress evidence is a pre trial motion that if carried out
successfully and awarded by the court will help the chances of your success
in court. Typically a motion to suppress evidence challenges the validity of
all of the field sobriety tests and chemical tests that were administered, the
manner in which you were arrested, whether or not your Miranda rights were
advised to you. They generally question the validity of all of the claims
against you. These motions are formally submitted with the court and
typically demand specific items of evidence are taken out of the case or re-
examined for constitutionality. If there has been any unlawfully obtained
evidence in your case filing a motion to suppress evidence is a great way to
get that evidence thrown out and not be used against you during your case.
Probable cause is the most common question that arises in a DWI defense.

2. Probable cause typically questions the police officer's judgment and whether
or not you should have been pulled over for a DWI. Many times the officer
may have pulled you over for some other offense such as reckless driving,
speeding, broken headlight or expired registration. However if it is
determined that the arresting officer could not establish a lawful probable
cause then the legality and validity of your case will come into question. At
this point your El Paso DWI attorney will argue in court that you were
unlawfully detained and by filing a motion to suppress evidence may try to
have your entire case suppressed. It is critical that your DWI attorney submits
all of the motion to suppress filings in a proper manner. You should count on
many of these motions being denied if prosecution has enough evidence to
continue the case.