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DUI Dismissed for Illegal Search and Seizure

Posted by Mike Donaldson | Mar 29, 2018 | 0 Comments

Blood.draw
Riverside DUI Attorney

Riverside DUI attorney Don Bartell represented a man charged with DUI at a "suppression motion" hearing. A suppression motion is a powerful tool in DUI cases, as it allows a client to challenge the legality of police action. Often, suppression motions involve challenging the reason the police pulled the client over and whether it was lawful. Also, and equally powerful, suppression motions can challenge warrantless searches. In this case, the client was arrested for DUI, and the police drew a sample of his blood to analyze it for alcohol without a warrant. The police, as a general rule, must get a warrant to draw a suspect's blood, unless they consent. The prosecution argued that the client consented. Mr. Bartell successfully argued that his client did not consent, was scared of needles, and voiced numerous objections to the withdraw of his blood. The court sided with Mr. Bartell, and the case was dismissed. The DUI case was dismissed because, if the blood evidence was taken unlawfully, the court must "suppress" it, meaning it cannot be used against the client at trial. As the analysis of the blood sample was the only evidence the prosecution had of the client's BAC, they had insufficient evidence to prosecute the client and dismissed the case.

Riverside DUI attorney Don Bartell is a leading DUI lawyer in Riverside. He has tried hundreds of DUI cases, and is a leading DUI attorney in the State of California. Don Bartell is a leading DUI attorney and DUI lawyer in Riverside. 

About the Author

Mike Donaldson

Mike is a graduate of Gerry Spence's Trial Lawyer's College, and has lectured new attorneys at the Riverside County Public Defender on DUI Defense. Mike is the President of the Southwest Riverside County Bar Association, and a part-time professor of Political Science at Mt. San Jacinto College.

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