Pre-Trial Suppression Motions Officer and police car with blue lights

Under certain circumstances discovered during a review of the State’s evidence, your DWI attorney may find grounds to file pre-trial suppression motions.   There are various reasons evidence may be suppressed depending on each individual case. The purpose is to deny the government certain portions of their incriminating evidence which may also create overall “reasonable doubt” and win the case. Once a motion is filed, a judge will make a decision as to whether the evidence will be allowed or not, meaning it may not be used at trial.

In North Carolina, a Motion to Suppress evidence in an Implied Consent offense must occur before the trial.  The only exception to this requirement is that such a motion may be filed if new facts are discovered by the defendant during the trial itself. When this pre-trial suppression motion is filed, a District Court judge will have a hearing and then write out his or her findings and “preliminarily indicate” whether the motion should be granted or denied. If the judge believes the motion to suppress should be granted, a final judgment on the motion cannot be entered until the State either appeals the case or waives its right to appeal the finding.  On the other hand, if the judge moves to deny the motion, a final judgment can be entered without immediate appeal by the defendant. If the defendant is ultimately convicted, then the entire case, including this motion finding, can be appealed in full.

If the case is appealed to the Superior Court by the State where the motion has been preliminarily granted, a judge will review the district court’s decision and makes its own findings. The Superior Court will not actually rule on the motion to suppress. Instead, the Superior Court will enter an Order remanding the case back to District Court to have a final judgment entered on the pre-trial suppression motion.

If you find yourself charged with a DWI, you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. We defend DWI and DUI cases throughout Mecklenburg County, including Charlotte, Pineville, Cornelius, Huntersville, Lake Norman, Matthews, Mint Hill, and UNCC. For a private, confidential consultation with one of our experienced DWI lawyers, please call 704-499-9000 or toll-free 877-374-5999 even on weekends or holidays.