How long do you have to file a response to a motion in California? Generally, the court gives you 15 days to serve and file an opposition to a motion. After these 15 days expire, you may no longer oppose a motion in court in California. This applies to individuals accused of a crime as well as the prosecution.
A lawyer can file multiple motions for you if you are accused of driving under the influence (DUI). Find out more about these motions and what might happen if the prosecution files a response to them by checking out this article.
California’s Rules of the Court for Motions
The 2020 California Rules of the Court directly address opposition to motions. According to these rules, opposition to motions must be filed within 15 days. Note that the court views the decision not to file an opposition to a motion as agreement to grant a motion. The court may also choose to rule on the motion:
- After a response to the motion is filed
- After the time to oppose the motion has passed
Your lawyer can provide you with up-to-date information about the state of motions in your case. Your lawyer can also make sure that all disputes to motions are filed on time. You can get information about your legal situation if you call (310) 997-4688.
Types of Motions Filed in California DUI Cases
There are a number of common motions associated with DUI cases here in California. Your lawyer can file these motions at a special pre-trial hearing. Note that this hearing usually takes place after a period of discovery, which allows your lawyer to investigate your charges. A DUI lawyer may work to file a:
Motion to Suppress
A motion to suppress works to block evidence against you. Your lawyer will try to block evidence that was gathered using illegal means. These motions may weaken the prosecution’s case, so they may decide to oppose the motion.
Motion to Dismiss
In some cases, a lawyer may move to have your charges dismissed. Your lawyer can argue that a police officer stopped you without due cause in California. This could result in the dismissal of your criminal charges.
“Blood Split” Motion
A lawyer may also make a “blood split” motion after a DUI arrest. This motion allows your lawyer to send a portion of your blood for independent testing after a DUI arrest. Note that this motion will only apply if you took a blood alcohol content (BAC) test at the time of your arrest. If you took a breath test, there is no way for your lawyer to have the test analyzed by an independent laboratory.
Your lawyer may file a “Romero” motion on your behalf in some cases. These motions can apply if you have previous felony convictions on your record. Some felony convictions are considered “strikes” in California. The state has a “three strikes” law. Strikes increase the prison time you face after subsequent felony convictions. A Romero hearing can temporarily “remove” your strikes so they do not count against you at sentencing.
Your lawyer may make a motion to request a Pitchess hearing. These hearings allow your lawyer to dig into the history of the officer who arrested you. This can help your lawyer gather information to discredit the officer who made the arrest.
Get Help Handling Your DUI Case in California
Filing motions is an important part of building a DUI case in the state of California. A lawyer can assist you with all aspects of your defense. Your lawyer can decide which motions to file and will also promptly respond to any motions filed by the prosecution.
Your lawyer can use these motions to get your charges reduced or even dismissed. A lawyer could help you secure a plea bargain after blocked evidence against you. Your lawyer can also take your case to court after all motions are heard by the court. Start working on all aspects of your defense right now with the Simmrin Law Group.
Find Out How Long You Have to File a Response to a Motion
Your lawyer generally has 15 days to file a response to a motion in a DUI case. Your lawyer can move quickly to handle motions for you after a DUI arrest. Get legal help from the Simmrin Law Group now. We understand which motions to file in DUI cases. Call us at (310) 997-4688 to learn more. You can also complete our online contact form.
We provide free consultations to drivers in your situation!