Appeal after Denial of PC1538.5 Motion in California - DUI/DWI Legal Blogs Posted by Matthew Jay Ruff - Lawyers.com

Appeal after Denial of PC1538.5 Motion in California

California law permits a criminal defendant to challenge an illegal DUI car stop by way of a motion to suppress, called a "1538.5".  According to one DUI Attorney in Burbank when a Judge denies this motion the defendant has two options,  one is to take the case to trial and hope for an acquittal on the charges.  The other option unique to 1538.5 motions is to file a notice of appeal after a guilty or no contest plea.  Unlike many other criminal cases, if a pretrial motion is denied and the defendant pleads guilty, no appeal is allowed.  However, in 1538.5 motions the appeal can follow even after a guilty plea. California law permits a criminal defendant to challenge an illegal DUI car stop by way of a motion to suppress, called a "1538.5".  According to one DUI Attorney in Burbank when a Judge denies this motion the defendant has two options,  one is to take the case to trial and hope for an acquittal on the charges.  The other option unique to 1538.5 motions is to file a notice of appeal after a guilty or no contest plea.  Unlike many other

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Matthew Jay Ruff

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Matthew Jay Ruff

Licensed since 1995

Member at firm Law Offices of Matthew J. Ruff

AWARDS

Champion Badge Platinum

RECENT POSTS