Washington DUI Motions

Marshawn Lynch lost his motion to suppress evidence and Dismiss his DUI case

Last week according to several news sources a judge denied Marshawn Lynch’s motion to suppress evidence and motion to dismiss the DUI case. Luckily for Seahawks fans, the trial likely will not start until after the Seahawks win the Super Bowl.

Lynch has been dealing with his DUI case since he was arrested back in July of 2012. I was reported that a police officer observed him weaving in and out of lanes and nearly colliding with two cars. Once pulled over he participated in the field sobriety tests and according to police, failed them.  Lynch submitted to a breath test and blew over the legal limit.

Even though this DUI arrest did not take place in In Washington, it still brings up some interesting issues.

What is a motion to suppress hearing?

In Washington State it is a hearing where the DUI attorney can argue that certain evidence or statements cannot be used during the trial. Often time the Washington DUI attorney will argue that the stop of the car or the arrest was unconstitutional or that the police did not follow protocol when administering the breath test.  If the Judge agrees with the DUI defense attorney, the evidence may not be used at trial.

What is a motion to dismiss?

A motion to dismiss is when a Washington DUI attorney asks the judge to dismiss the case, meaning that the prosecutor cannot go forward with the charges.

How can a Washington DUI charge be dismissed?

Few examples:

  • State v. Knapstad, 107 Wn.2d 346 – Knapstad motion should be made when undisputed facts do not establish a prima facie case of guilt.
  • No probable cause for the stop of the car. The officer needs a legal reason to stop you
  • No probabl cause for the arrest
  • Corpus Delicti issue: There needs to be independent evidence or inference connecting defendant with control of the car (beyond the admission). State v. Hamrick, 19 Wn. App. 417

There are many other reason that are fact specific to your Washington DUI case that can be causes for dismissal or suppression.  Just because Marshawn Lynch didn’t get his case dismissed does not mean your DUI case is not beatable. If you have been charged with a DUI in KirklandRedmond or Bellevue please contact us for a free consultation. Our office also handles DUI cases in Bothell and other cities in King County.

About Joseph Rome

Joseph Rome has written 33 post in this blog.

Joseph completed his undergraduate education at Washington State University, earning a Bachelor of Arts degree in 1999. Mr Rome received his Juris Doctorate degree from Western New England College School of Law in 2005. Connect with me on Google+ and LinkedIn