WOODLAND, CA — Despite the granting of a defense motion to suppress, the prosecution refused to dismiss a misdemeanor driving under the influence/DUI and other related traffic cases (driving on a suspended license) here this week in Yolo County Superior Court.
The prosecution, instead, told the court it is willing to bring the DUI and other charges to trial, and had “no interest” in any of the offers made by defense for a resolution.
Deputy Public Defender Dan Hutchinson told the court the motion to suppress had been ruled in favor of the accused, stating the prosecution has “no evidence” after the “suppression motion (was) granted.”
Legal Intern Stefanie DeCillis (filling in for Deputy District Attorney Ashley Harvey) replied that they do not want to dismiss the underlying DUI case.
DeCillis said, “Hutchinson explained that there was a suppression hearing in which the motion was granted. The People ask that we can set a jury trial date, with the other matters trailing. We can then file a motion to consolidate.”
The prosecution added if the motion to consolidate is not accepted, they still lack any interest in resolving/dissolving any of the affiliated cases and intend on moving forward with the trial.
DPD Hutchinson responded he did not see where moving forward would bring the case procedurally, and that if there is no appeal, they ought to resolve the cases, and that if there is an appeal, the prosecution will “probably continue to trail the cases until the matter is addressed.”
Judge Daniel Wolk noted any possible appeal would have to be made within 30 days. It was concluded that the parties would prep for a jury trial, with time not waived.
However, DPD Hutchinson said, “Judge (Sonia) Cortés found that based on the video footage, the accused was already in the intersection when the light had turned red, which is not a violation of the law. They are basically appealing on the finding of the fact, which is supported by the video.”
Based on the request of the prosecution, Judge Wolk set the trial to take place Dec. 6, with motions set for Nov. 22.
