1118.1 Motion for Judgment of Acquittal in a DUI Trial

In California, DUI (Driving Under the Influence) cases can be complex and involve various legal maneuvers that can significantly impact the outcome of a trial. One such maneuver is the 1118.1 motion, which can be a critical tool for defense attorneys. This article delves into the details of the 1118.1 motion, explaining what it is, how it is used in the context of a DUI trial, and its potential implications for defendants.

What is a 1118.1 Motion?

A 1118.1 motion refers to a motion for a judgment of acquittal in a criminal trial in California, as outlined in California Penal Code § 1118.1. This statute allows the defense to request that the court enter a judgment of acquittal on one or more of the charges if the prosecution has failed to present sufficient evidence to support a conviction. Essentially, it is a way for the defense to argue that the prosecution’s case is so weak that no reasonable jury could find the defendant guilty beyond a reasonable doubt.

California Penal Code § 1118.1 states: “In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading if the evidence then before the court is insufficient to sustain a conviction of such offense or offenses on appeal.”

When is a 1118.1 Motion Made?

In a DUI trial, the 1118.1 motion is typically made at the close of the prosecution’s case-in-chief. This means that after the prosecution has presented all its evidence and before the defense presents its case, the defense attorney can make this motion. The timing is crucial because the motion is based on the evidence (or lack thereof) presented by the prosecution up to that point.

Grounds for a 1118.1 Motion in a DUI Trial

For a 1118.1 motion to be successful, the defense must demonstrate that the prosecution’s evidence is insufficient to support a conviction. In the context of a DUI trial, this can involve several aspects:

Insufficient Evidence of Driving: One of the key elements in a DUI case is that the defendant was driving. If the prosecution fails to present sufficient evidence that the defendant was actually driving the vehicle, a 1118.1 motion may be appropriate.
Lack of Evidence of Impairment: The prosecution must prove that the defendant was impaired by alcohol or drugs while driving. This can be through chemical tests (e.g., breathalyzer, blood tests) or through observations by law enforcement officers. If the evidence is insufficient to establish impairment, the motion can be made.
Improper or Unreliable Chemical Tests: The defense may argue that the chemical tests were improperly administered or are unreliable. This can include issues with the calibration of testing devices, improper handling of blood samples, or other procedural errors.
Violation of Legal Rights: If the prosecution’s evidence was obtained in violation of the defendant’s legal rights (e.g., illegal search and seizure, failure to read Miranda rights), the evidence may be deemed inadmissible, weakening the prosecution’s case.

The Court’s Decision on a 1118.1 Motion

When a 1118.1 motion is made, the judge must review the evidence presented by the prosecution in the light most favorable to the prosecution. The judge does not weigh the evidence or consider the credibility of witnesses but simply determines whether there is enough evidence that, if believed by the jury, could result in a conviction.

If the judge grants the motion, the charges specified in the motion are dismissed, and the defendant is acquitted of those charges. If the motion is denied, the trial proceeds, and the defense may then present its case.

Implications of a Successful 1118.1 Motion

A successful 1118.1 motion can have significant implications for a DUI defendant:

Immediate Acquittal: If the motion is granted, the defendant is immediately acquitted of the specified charges, avoiding the risk of a conviction and its associated penalties.
Reduction of Charges: In some cases, a successful 1118.1 motion may result in the dismissal of some, but not all, charges. This can still be beneficial by reducing the potential penalties.
Strategic Advantage: Even if the motion is not granted, making the motion can highlight weaknesses in the prosecution’s case and set the stage for further defense arguments.

Conclusion

In the context of a DUI trial in California, a 1118.1 motion is a powerful tool that can lead to the dismissal of charges if the prosecution fails to present sufficient evidence. Understanding the strategic use of this motion, its timing, and the grounds for making it can be crucial for defense attorneys and their clients. Successfully arguing a 1118.1 motion can result in an immediate acquittal, sparing the defendant from the consequences of a DUI conviction.

By carefully evaluating the evidence presented by the prosecution and identifying any weaknesses or insufficiencies, defense attorneys can effectively utilize the 1118.1 motion to protect their clients’ rights and achieve favorable outcomes in DUI cases.

Citations

California Penal Code § 1118.1. Retrieved from California Legislative Information.
“Driving Under the Influence: Laws & Penalties,” California Department of Motor Vehicles. Retrieved from DMV.CA.Gov.
“DUI Defense Strategies,” California DUI Lawyers Association. Retrieved from CDLA.com.