Generally in any criminal case an attorney while file motions during trial in order to suppress evidence. There are various reasons evidence may be suppressed depending on each individual case. Once a motion is filed the judge will make a decision as to whether the evidence will be suppressed or not, meaning it will not be introduced at trial. An exception to this normal procedure exists for those who are charged with an Implied Consent offense.
A motion to suppress evidence in an Implied Consent offense must occur before the trial in North Carolina. The only exception to this is that such a motion may be filed if new facts are discovered by the defendant during the trial. When this pre-trial motion is filed the district court judge will write out his findings and “preliminarily indicate” whether the motion should be granted or denied. If the judge believes the motion to suppress should be granted he cannot enter in a final judgment on the motion until the State either appeals the case or states it does not want to appeal the case. On the other hand if the judge moves to deny the motion he may then enter a final judgment to do so. Unfortunately in this case the defendant is not allowed to appeal this denial of a motion to suppress. However if the defendant is convicted the may appeal his or her case.
If the case is eventually appealed to the superior court by the State in a situation where the motion has neither been preliminarily granted, they may review the district court’s decision. The superior court will not actually rule on the motion to suppress however. The superior court does have the option though to enter an order remanding the case back to district court to have a final judgment entered on the motion to suppress.
