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What does "Fruit of the Poisonous Tree" Mean?

Posted by Terry A. Wapner | Feb 12, 2014 | 0 Comments

Have you ever heard the phrase: Fruit of the Poisonous Tree? It can be a head scratcher for most people, but it’s an important concept in the area of DUI and criminal defense. Technically, it means that evidence gathered by illegal means must be excluded from trial. How do officers obtain it? Well, it can be gathered in a number of ways, but a common way is through an illegal interrogation.

What Happens Now?

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It’s a frightening situation. You are arrested for DUI after submitting to a breathalyzer and participating in a couple of field sobriety tests. The officer confiscated your driver’s license and provided you with a temporary license. You were given a notice to appear in court in a few weeks. Now what? Fresno DUI attorney, Terry A. Wapner, can help you make sense of this situation, guide you through the process, and might be able to provide the defense that results in finding you Not Guilty!

Myths & Truths About DUI Charges

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Myth: “There is nothing that a Fresno DUI defense lawyer can do.” Truth: Absolutely not true. Over the past 7-10 years, the conviction rate in California for DUI's is only around 70 percent. That means that 30 percent of the charges are being reduced to charges that are less than a DUI charge or not guilty verdicts are being returned. I have the ability and have won Fresno DUI cases. Do not give in to despair and believe that you are destined to lose. Entering a guilty plea to a DUI charge when the evidence against you can be challenged may result in an expensive mistake that could haunt you in the long run.