“Probable Cause” Motion to Suppress & Dismiss.
The officer must have a legitimate reason (probable cause) to arrest the driver. Probable cause is based upon a combination of factors including the following:
- the quality of the driving;
- how well the driver performed on the field sobriety tests;
- what the driver said; and
- the results of the portable breath test.
We attack each of these factors by challenging the officer’s testimony. When the court suppresses the evidence because the officer did not have probable cause to arrest the driver, the prosecutor must dismiss the case.
