San Diego DUI Law Center

San Diego DUI Attorney “Suppression of Evidence” reminder

The suppression of San Diego DUI evidence is not a right; it is a remedy sought by San Diego DUI lawyers. The remedy is available in California if the evidence sought to be suppressed by the San Diego DUI attorney is the fruit of an unlawful San Diego DUI detention, unlawful San Diego DUI arrest, or unlawful San Diego DUI search, but only if it is in violation of the Fourth Amendment of the United States Constitution (as opposed to just the State Constitution). Unlike Washington or Hawaii, in California there is no fall back on independent state grounds.

Regarding admissibility of San Diego DUI field sobriety tests, they are generally held admissible in California despite objections by San Diego DUI attorneys that a)they are non-standarized tests or b) i) the standardized tests are not administered or b) ii) evaluated in accordance with the standardized procedures. San Diego DUI trial courts generally rule that the San Diego DUI defense attorney attack goes to the weight to be given them by the San Diego DUI trier of fact, and not to their admissibility.

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