What does an order denying a motion to suppress mean in California? Generally, this kind of order means that the court will not block evidence against you. The prosecution may continue to use this evidence to build their case.
A lawyer can help you file a motion to suppress evidence in California. Your lawyer can also continue working on your defense if you receive an order denying a motion to suppress. Find out more about options for handling a charge for driving under the influence (DUI) right here.
Learn More About a Motion to Suppress in California
A lawyer can file a motion to suppress for you after you are accused of a DUI. They usually file this motion at a pre-trial hearing, after completing discovery. This motion works to block evidence that could be used against you. The court could block evidence that was obtained illegally.
For example, let’s say that a police officer stopped you and illegally searched your vehicle. Police officers may only look through your vehicle if they:
- Have a warrant
- Have your permission
- Have reason to believe you were committing a crime
If the police officer had no reason to search your vehicle, any evidence they obtained could be suppressed. This evidence would not be brought up against you in court. This could weaken the prosecution’s case. Find out more about a motion to suppress. Just call (310) 896-2723 to speak with a member of our team.
Types of Evidence in California DUI Cases
Your DUI lawyer can file a motion to suppress any kind of evidence after your arrest. There are many types of evidence used in a DUI hearing. Your lawyer might work to block:
- The results of a blood alcohol content (BAC) test
- The results of a field sobriety test
- The presence of containers of alcohol in your vehicle
In some cases, a lawyer may even work to block the testimony of police officers. In other cases, a lawyer might request a Pitchess hearing. This kind of hearing digs into the past record of the officer who arrested you. The results of this hearing may weaken the officer’s testimony and strengthen your defense.
The Court May Deny a Motion to Suppress
The prosecution has an opportunity to dispute a motion to suppress in California. According to the Court Rules in California, the prosecution usually has 15 days to respond to a motion made in court. They may argue that the evidence was collected legally.
The court will then decide whether or not to block evidence against you. In some cases, the court may side with the prosecution. In this case, your motion could get denied. The evidence would remain available to the prosecution.
Your case continues, regardless of the outcome of your motion to suppress.
Methods to Resolve DUI Charges in California
Your lawyer can focus on your defense after you get an order denying your motion to suppress. Your lawyer will continue to take steps to get your charges dismissed in some cases. However, if a judge already refused a motion to block evidence, your charges are unlikely to get dismissed.
Instead, your lawyer might focus on securing a plea bargain for you. Plea bargains are special deals offered by the prosecution in specific cases. These deals require you to accept guilt for a less serious charge. In DUI cases, you may need to accept guilt for:
- Reckless driving
- A “wet” reckless charge
The prosecution can lower the penalties you face if you accept a plea bargain. DUI convictions may result in fines, jail time, and restrictions on your license. They are also priorable, which means they stay on your record for 10 years. For these reasons, a lawyer might encourage you to take a plea bargain.
Your lawyer can also work to defend you in court here in California. A lawyer could work to counter the strategies used by the prosecution. Allow us to help you resolve your case successfully right now. We’re standing by even if your motion to suppress was denied.
Find Out What an Order Denying a Motion to Suppress Means
You can file a motion to suppress and block evidence in a DUI case. An order denying this motion means the evidence may still be used against you. You can get help in this situation by contacting the Simmrin Law Group. Get started by calling (310) 896-2723. We also have an online contact form you can complete.
Take charge of your future with a free consultation today.