By: Bill Mims
Share This Post
All Evidence Suppressed in a .20 BAC DUI with Property Damage Case
On May 23, 2018, Attorney Kip Miller and Associates, entered the courtroom for the second half of a suppression hearing, which was continued from earlier in the month. Many weeks prior, his office had filed a motion to suppress arguing that the State had insufficient evidence to place Mr. Miller’s client behind the wheel, to suppress any statements his client made as they are protected by the Accident Report Privilege, and to suppress the .20 BAC breath test results for a violation of the 20 minute of observation period.
Throughout the two required hearings on the motions, Attorney Miller’s focus on the issues and testimony was steadfast, which led him to uncover an important mistake; the State never presented evidence that a crash had occurred. With quick thinking and a thorough understanding of the law concerning the issue, Attorney Miller made an oral motion in Court to suppress all evidence in the case. He argued that the State had not met its burden in proving that an accident had taken place.
The Judge stated in her Order granting the motion that while the other arguments had great merit, in particular the violation of the 20 minute observation period, ultimately “Based upon the lack of competent, substantial evidence that a traffic crash occurred…there is no way for the Court to evaluate whether any crash or DUI investigation was conducted within legal parameters.”
All evidence seized from the Client during the criminal investigation has been banned from being admitted by the State. The practical effect of this ruling is the expected dismissal of the State’s case against the Client.
When selecting the person to represent you through the difficult times, it is vital that you select the person who has not only the passion, drive, and courage to take matters into court, but also the hard earned wisdom to know when the smallest of issues can have the biggest effects. If you are facing a criminal or DUI case of your own, call Koleilat and Miller at (386)-253-4720, and put their Attorneys’ knowledge, skills, and abilities to work for you.