Published: Feb 06, 2014 4:30 PM EST
Updated: Feb 06, 2014 6:22 PM EST

FORT MYERS, Fla. -  Charles Lawson's lawyer calls his client's arrest for DUI, illegal.

In new documents filed this week, Peter Ringsmuth is asking that "all evidence that was obtained after the illegal arrest must be suppressed."

This evidence includes statements made by Lawson after his arrest.

According to the motion, Deputies pulled Lawson over, after they noticed his windshield was damaged.

Asking if he was alright, they noticed Lawson "was a little unsteady."

Deputies asked Lawson if he wanted to sit down in their car, Lawson said yes.

"As he was doing so, he smelled a strong odor of alcohol coming from the defendant (Lawson's) mouth when he spoke."

"The deputy also stated the defendant said, 'I have been drinking.'"

The arrest report says Lawson also failed a field sobriety test, and refused a breathalyzer.

Ringsmuth argues those facts should not be used in court because "the deputy had no founded suspicion or probable cause to stop the defendant."

WINK News reached out to Peter Ringsmuth. He did not return our calls.

A judge will hear this motion on February 24th.

FHP says the hit and run crash, where Lawson is a suspect, is still under investigation.