Hollstein v. State

OPINION

MANNHEIMER, Judge.

Michael Scott Hollstein was charged with driving under the influence. 1 Hollstein’s attorney decided to argue that Hollstein’s arrest had been illegal. She filed an eleven-page motion in which she argued that the officer who arrested Hollstein had lacked probable cause to believe that he was under the influence.

However, instead of labeling her motion a “motion to suppress”, the defense attorney labeled it a “motion to dismiss” — specifically, a “Motion to Dismiss [for] Lack of Probable Cause to Arrest”. And, rather than seeking suppression of the evidence against…