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...
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