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The answer to that question is yes.  This can occur in several different ways.

One the blood or breath test analyis that you took came back as well below the legal limit.  


Also many times DUI motions can be filed they are typically of two kinds.

1. a motion to suppress.  A motion to suppress is typically done to suppress illegally obtained evidence.  And this motion is usually done when the defense attorney believes the stop was illegal.  To pull over a car there must be reasonable suspicion some law or traffice violation has occurred.  If the officer states in his report that you were crossing the line or driving erratically and video of the incident does not show those things.  Your Attorney could move to have the evidence gathered by the police suppressed as flowing from the illegal stop.

2. An ingersoll motion.  This motion is run to challenge the legality of a DUI check point.  There is a laundry list of things which must be done to properly conduct a DUI check point.  If these things are not done and you were arrested at a DUI check point you can move to have the arrest suppressed. 


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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418