Reader’s Question:

I know that the trial for my DUI case in Lexington-Fayette, Kentucky would just be around the corner after the arraignment. I just wonder, could all the evidence be used against me during the trial?

Brent

Lexington-Fayette, KY

If you hired a DUI lawyer to represent you in your DUI case in Lexington-Fayette, Kentucky, one of the most powerful tools that your DUI lawyer has in preparing your defense is that of the law itself. Let me tell you straight that not all the pieces of evidence obtained by the prosecution could be used against you. The United States Constitution protects us from illegal searches and seizures that would prevent the government from intruding on our privacy.

Evidence that is obtained outside of the strict guidelines laid out under Kentucky law and statutes would render it inadmissible and otherwise unusable to the prosecution. Evidence that could not be admitted at trial might as well have never existed in the eyes of the law. Based on the training and experience of your DUI lawyer, if he/she believes that evidence was either illegally obtained or inadmissible under Kentucky law, he/she would file a motion to suppress with the court. The court would then set a hearing to hear all of the evidence and arguments by both sides to the criminal litigation. If the suppression motion would be successful, this would often result in a dismissal of the DUI case.

Tags: drunk driving laws, DUI, DUI lawyer