Burden Shifting At A Motion To Suppress Hearing
A motion to suppress is often the most critical phase of the OVI trial process. Procedurally, the defense attorney files a motion challenging all of the government’s evidence. Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.
When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and if the state meets that burden, a rebuttable presumption arises that the test results are admissible. Burnside at ¶ 24; State v. Muchmore, 1st Dist. Hamilton No. C-120830, 2013-Ohio-5100, ¶ 16. Then, the burden shifts back to the defendant to show that he was prejudiced by anything less than strict compliance. Burnside at ¶ 24; Muchmore at ¶ 16.
What constitutes prejudice? Your attorney should be able to tell you what “prejudice” has been defined as by the courts and what evidence he or she needs in your motion to suppress hearing. Talk to your DUI attorney about what evidence of prejudice you can present to show that not strictly following the rules hurt your case.
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your motion to suppress and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”