Evidence that is obtained as a result of a violation of state or federal constitutional rights can be excluded from trial. This includes evidence resulting from illegal searches or seizures, statements resulting from custodial interrogation without Miranda warnings, evidence obtained in violation of the 6th Amendment right to Counsel, and evidence obtained in violation of an individual’s right to due process. Evidence can also be suppressed where the prosecution is unable to establish the foundational requirements as established by statute or the Rules of Evidence.

I will go through all the evidence in your case searching for constitutional violations and challenging any evidence obtained as a result of such violations. Successful motions to suppress can weaken the prosecution’s case, encourage the prosecution to plea bargain, and can even result in outright dismissal.

Below is a list of motions that may be filed in your case. The availability and success of these motions will depend on the individual facts and circumstances of your case.

Motion to Suppress Breath Test Results – Officer Failed to Properly Administer Breath Test Motions to suppress the results of a breath test can be successful where the officer has failed to administer the test according to the procedures outlined in RCW 46.61.506. Such motions may also be successful where the officer has administered the test in a manner that deems the test result unreliable.

Motion to Suppress Breath Test Results – Unreliable Breath Test Machine Motions to suppress the results of a breath test can also be successful where the machine used to test your breath has not been maintained according to the regulations outlined by the State Toxicologist and the Washington Administrative Code.

Motion to Suppress Evidence Based on Unconstitutional Traffic Stop – No Traffic Violation Occurred In order for a traffic stop to be constitutional, the officer initiating the stop must have probable cause to believe a traffic infraction has been committed. Where the pre-stop observations of the officer are insufficient to establish a violation, all evidence derived from the unconstitutional traffic stop may be the subject of a motion to suppress. If successful, all evidence obtained as a result of the traffic stop may be deemed inadmissible in the case against you including the results of any breath/blood tests or Field Sobriety tests.

Motion to Suppress Evidence Based on Pretext Stop – Minor Traffic Violation Used As Excuse to Stop A pretext stop occurs when an officer claims to be pulling you over for a violation of the traffic code, but the officer’s true motivation in pulling you over was to investigate possible criminal activity. Pretext stops are prohibited by the Washington State Constitution. All evidence derived from such stops can be the subject of a motion to suppress. If successful, all evidence derived from the unconstitutional pretext stop may be deemed inadmissible in the case against you including the results of any breath/blood tests or Field Sobriety Tests.

Motion to Suppress Field Sobriety Tests – Officer Failed to Properly Administer Roadside Tests Motions to suppress the results of Field Sobriety Tests may be successful where the Officer has failed to administer these tests in the standardized manner.