Motion to suppress

The license case runs on its own track, with its own forum and its own questions. In Michigan, MCL 257.625f provides that a chemical-test refusal hearing is held by a hearing officer under the secretary of state and covers only listed issues: whether the officer had reasonable grounds, whether the person was arrested, whether a refusal was reasonable, and whether the person was advised of statutory rights.

In Virginia, Va. Code § 46.2-391.2 provides that a person whose license is suspended under that section may ask the general district court, or the juvenile court where appropriate, to review the suspension. The statute provides that the court's findings are without prejudice and are not evidence in any civil or criminal proceeding. A ruling in the license case therefore does not decide what evidence the criminal court admits.

N.C. Gen. Stat. § 20-38.6 provides that a defendant may move to suppress evidence only before trial, unless facts not previously known are discovered during trial. The State is to be granted reasonable time to procure witnesses or evidence and to research its response. The judge shall summarily grant the motion if the State stipulates the evidence will not be offered, and may summarily deny it if the defendant did not move pretrial when all material facts were known.

Otherwise, the judge decides after a hearing with sworn testimony, sets out written findings and conclusions, and preliminarily indicates a ruling. Under N.C. Gen. Stat. § 20-38.7, the State may appeal a preliminary grant to superior court, while the defendant may not appeal a denial of a pretrial motion but may appeal upon conviction as provided by law.

N.Y. Veh. & Traf. Law § 1195 provides that a defendant who was compelled to submit to a chemical test under a compelled-testing provision cross-referenced in that section may move to suppress that evidence under New York's criminal procedure law. The stated grounds are that the order was obtained and the test administered in violation of that provision or any other applicable law.

The same section otherwise directs courts to admit chemical test evidence obtained under the testing provisions it names. Whether any particular result falls within the suppression provision is a question a New York lawyer can address.

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.