What does MOTION TO SUPPRESS / MEMORANDUM IN SUPPORT mean in a dui case?
In the state of ohio
Answers:
A motion to supress is a request by an attorney that the judge keep out - or supress - certain evidence. Since lawyers move to keep out evidence that hurts their client, I would imagine in a DUI case that the motion would be filed by the attorney representing the person accused of drunk driving and it might involve either breathalizer results, efforts to keep out information that your client had drugs on him, was on probation, had an arrest warrant, etc. - evidence that is more likely to lead to a conviction or heavier sentence.
When a lawyer files a motion like that they have to explain the legal basis for it and that document which explains the facts, the law and why the lawyer thinks the law is on his or her side is called a memorandum of law in support of the motion to supress. Hope that helps.
A motion to suppress is one side asking the court to exclude evidence, and the memorandum in support has the facts and legal background to support the request.
Motion's to suppress are generally about disqualifying evidence. ie: evidence taken incorrectly I believe.
The state and type of case make no difference.
A motion to suppress is a request to the judge to keep something out of evidence.
A memorandum in support is an opinion given by someone that agrees with whatever the memorandum is in support of.
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