If you decide you want to fight your case, one of the first things we’re going to do is conduct what is called a Motions Hearing or a Motion to Suppress. It’s like a mini trial where we challenge the officer’s or the state’s procedures and allegations against you. We put the officer on the stand and we ask the judge to determine if there were any technical flaws in the officer’s arrest or procedure. We might challenge whether there was a valid basis for the stop or if they had probable cause to arrest you. We also challenge whether there were any flaws in the implied consent procedure and the breath testing procedure. At this hearing we usually have one more of four goals. The first goal is to get the case dismissed, second to exclude certain evidence such as the breath test, third to show the prosecutor that this is not the kind of case they want to take to trial, or fourth, to gather enough evidence to use against the officer at an eventual trial. After a successful motion to suppress hearing, we usually get a deal or a reduction to another charge such as reckless driving or FTML. It is usually in your best interest to accept that deal if we can get it. I have been rated as one of the Best DUI Lawyers in Georgia, and my office is in Gwinnett County.
