Why Your Attorney Should File a Motion to Suppress In Your DUI Case

OFFICE: 190 N Union St Suite 102, Akron, OH 44304

MAILING ADDRESS: 1700 W. Market St. Box 142 Akron, OH 44313

Why Your Attorney Should Be Filing A Motion to Suppress In Your DUI Case

A Motion to Suppress is critical to Defending almost every DUI case.

What is a Motion to Suppress? A Motion to Suppress argues that the police did something wrong, and as a result, all evidence that flows, or results from that wrongdoing, should be suppressed. Suppressed means ELIMINATED. For example, if the police had no probable cause and/or a reasonable suspicion of criminal activity to stop you, then all evidence that results from that stop must be suppressed under the Fourth and Fourteenth Amendments to the United States Constitution and Article 1, Section 14 of the Ohio Constitution. This could include results of field sobriety tests, observations and opinions of the police officer regarding the person's sobriety and/or alcohol and/or drug level, and results of a blood breath or urine test.

Why is a Motion to Suppress critical in a DUI case? DUI cases typically involve a traffic stop and/or detention by a police officer, which can amount to a seizure for Fourth Amendment purposes. The officer first has to have cause to stop you, then he has to have cause to extend the traffic stop in order to investigate for DUI. When investigating for DUI, the officer will ask you to submit to Field Sobriety Tests. **Remember, you have the right to DECLINE these. However, if you do submit to the tests, the officer must follow standardized procedures in administering the tests.

There are three Standardized Field Sobriety Tests ("SFSTs"): The Horizontal Gaze Nystagmus test ("HGN"), the Walk and Turn test ("WAT"), and the One Leg Stand test ("OLS"). If the officer failed to follow the standardized procedures when administering the SFSTs, an attorney can argue that in a Motion to Suppress and ask that the results of said tests be suppressed.

If you submitted to a blood, breath, or urine test, your attorney can argue in the Motion to Suppress that the statutory administrative procedures were not properly followed and ask that the test be suppressed as a result.

It is important to hire an attorney who has the specialized knowledge of arguing Motions to Suppress in DUI cases. Attorney Olivia Myers spends hundreds of dollars each year to educate herself on the most recent laws and practices regarding DUI cases so that she can evaluate each case and argue it to the best of her ability. Contact Attorney Olivia Myers for a free consultation today. (330) 612-7442.

< Older Post Newer Post >

HOUSE BILL 37: THE HARSH NEW SANCTIONS IN OHIO’S NEW OVI LAW

By Olivia Myers • March 17, 2025

HOUSE BILL 37: The Harsh New Sanctions in Ohio’s New OVI Law

The Risks of Refusal – The Consequences of Refusing to Take the Breath Test

By Olivia Myers • February 6, 2025

The Risks of Refusal – The Consequences of Refusing to Take the Breath Test

Felony Sentencing – Just Punishment, Sentencing Disparities and Equal Protection under the Law

By Olivia Myers • January 22, 2025

Felony Sentencing – Just Punishment, Sentencing Disparities and Equal Protection under the Law

A Death in the Family or Involuntary Manslaughter?

By olivia • December 17, 2024

A Death in the Family or Involuntary Manslaughter?

2024 Recipient of the NSME Achievements in Excellence Award

By olivia • February 28, 2024

The Night of February 27, 2024 was a Night to Remember. A Song was made to last Forever.

Client Found Not Guilty on Felony Charge

By olivia • January 10, 2024

ON JANUARY 9, 2024, A SUMMIT COUNTY JURY FOUND ATTORNEY MYERS' CLIENT NOT GUILTY AS TO A FELONY ANIMAL CRUELTY CHARGE

Restoring Your Gun Rights

By olivia • December 4, 2022

APPLYING FOR RELIEF FROM DISABILITY UNDER OHIO REVISED CODE SECTION 2923.14

About O. Myers Law

By olivia • October 17, 2022

About O. Myers Law Who We Are Founded in 2019, O. Myers Law is an independent practice established by Attorney Olivia Myers. Born and raised in Akron, Ohio, our law firm resides in the heart of Akron in Downtown Akron. Attorney Olivia Myers is committed to providing above average representation, maintaining clear communication, and doing so with compassion and professionalism. She makes it her mission to make her clients’ business her own. O. Myers Law maintains an exceptional ranking on Google from the help of satisfied clients who leave her five star reviews. What We Do O. Myers Law handles an array of cases. Attorney Olivia Myers practices in Criminal Defense, DUI/OVI, and Juvenile Law/Family Law. She handles these cases with a sense of professionalism, urgency, and empathy. She will take the time to get to know you- who you are, what your fears are, and what your goals are so she can craft a strategy for your case. Attorney Olivia Myers is not the attorney who is going to plead your case out just to get it of her desk. She is a trial lawyer and will fight tooth and nail from the beginning of the case until the end of trial. Our Core Values O. Myers Law success stems from a set of core values: Excellence: We give it our best every day. While skill and knowledge are important, passion is the key. Each case is treated with passion. Respect: We treat clients and colleagues with professionalism and respect. We make it a goal to leave every interaction with a positive impact. Innovative: In an ever-changing world, O. Myers Law is constantly coming up with new ideas to better represent our practice and clients. Communication: We make it a goal to respond to the questions and concerns of our clients quickly. Responding to our clients in a timely manner is just one way we like to show how much we care. Performance: While we put forth our best effort every day, we take pride in the results. In order to receive satisfying results, we set attainable goals and make it our mission to go above and beyond in the process. Why Us? Attorney Olivia Myers makes it her mission to win her cases. She acts fast, communicates with clients every step of the way, and demonstrates compassion for the struggles that her clients endure. Call Attorney Olivia Myers for a free consultation today! (330) 612-7442.

Why it is Important to Retain Counsel for Post Release Control AKA Parole Hearings

By olivia • October 5, 2021

They think that these hearings are straight losers. I will be honest, I thought the same, UNTIL I stepped into the world of Adult Parole Authority, and found that these cases can be fought and negotiated just like any other case. Here is why: Offender A is sentenced to 6 years in prison. He serves 5 years and is released on post-release control. Two months later, he catches a new charge and is therefore alleged to be in violation of his parole. What sucks is that Offender A could be found in violation of his post-release control EVEN IF he is not yet guilty of his new charge. Why? Because people on post-release control have limited rights. The standard for post release control hearings is not beyond a reasonable doubt, it is preponderance of the evidence; meaning it is more likely than not that you committed the offense, AKA the violation. Also important to understand is that anything said in your post-release control violation hearing is fair game for trial in the new offense. Therefore, if you make a statement and admit to the violation, that information can be used against you in your criminal trial. So, what does one do when alleged to have violated post-release control? DENY DENY DENY, and hire an attorney who will negotiate with the Adult Parole Authority on your behalf. The APA is a whole new world of criminal law, and it is important to have an attorney represent you who understands it. Today, I negotiated with the APA to get my client almost half of the prison time that APA had recommended. We also protected his interests so that nothing in his APA case will be admissible as evidence of guilt in his new criminal case. He is presumed innocent until proven guilty in his new criminal case, regardless of what happened with APA, AND the time he is serving for the APA violation will ultimately count towards any time he receives in his new criminal charge. I say that is a win-win for him despite the circumstances. For the above reasons, I stress that it is so important to hire counsel for post-release control violation hearings. Contact O Myers Law LLC, and I will fiercely represent you in these hearings.

Why now is the time to expunge your criminal record

April 14, 2020

The coronavirus (COVID-19) pandemic may benefit people seeking to expunge their criminal record. While we sit at home, waiting out the governor’s orders, we are forced to think, “What can I do now to better myself and my life?.” Some good can always come out of the bad. Something all individuals with a criminal record should consider now is expungement. Why is this a good time? THE COURTS ARE SLOW. IN PERSON HEARINGS ARE SCARCELY BEING HELD. HENCE, THE COURT HAS TIME TO REVIEW AND QUICKLY APPROVE YOUR APPLICATION FOR EXPUNGEMENT. The expungement process usually takes six months or longer. This is because in most cases expungement applications must be reviewed by probation before they even go to the judge. As we attorneys know, anything that goes to probation takes forever. Think about all the people who get probation instead of jail/prison and the insane caseload that probation officer have. Not to mention, expungements are not probation’s priority. Once probation reviews, the applicant must then go before the Judge, who decides whether to grant the expungement. However, now court dockets are now freed up. Non-emergency hearings such as pre-trials and trials for defendants not in custody are being continued. Probation has also slowed down. People are not required to report in person. Therefore, the judge and probation has more time for paperwork. Let’s take a recent client of mine as an example. He had over six criminal cases in Barberton Municipal Court. We sent in the necessary motions and paperwork to expunge his criminal record in early January. We were told that we would not hear from the court for at least six months. The application had to go to probation before they could schedule a date. In late February, we were notified that the expungement had been granted. We did not even have to go in front of the judge. So, while we are bored out of our minds, take the time to think if you or someone you know has a criminal record that needs expunged. The law has recently changed to allow for more expungements, and now is the time to do it! Contact Attorney Olivia Myers at (330) 612-7442 for a free legal consultation to determine if you are eligible to expunge your criminal record.