Your lawyer could also take care of formatting a motion to dismiss on your behalf. A DUI lawyer can provide you with specific information about the regulations in your area. The specific regulations for handling a motion to dismiss can vary by jurisdiction. Generally, the prosecution has 15 days to file a response to a legal motion in California. In fact, the prosecution may file a response to your motion. Note that these documents are not all formatted in the same way.Ĭlick to contact our Criminal Defense Lawyers today Responses to a Motion to Dismiss DUI Chargesįiling a motion to dismiss your charges does not necessarily ensure that your charges will be thrown out. These samples will give you an idea about what a motion to dismiss looks like. There are a number of sample motions to dismiss available for you to consider. A conclusion that calls for the charges to get dismissed.An argument regarding the dismissal of your charges.A section detailing the facts of your case.

A brief introduction identifying your case.

A judge will expect to find specific sections in a motion to dismiss. Components of a Motion to Dismiss in CaliforniaĪ motion to dismiss is a legal document. Just call (310) 896-2723 and consider allowing a lawyer to handle your motion. You can get additional help handling a motion to dismiss from a Los Angeles DUI lawyer. Straying too far from your point may make a judge impatient. Keep your points brief and focused on the facts. They have often heard the arguments in your motion many times before. Judges handle a large amount of motions to dismiss. In fact, it’s often recommended that you avoid jargon and wordiness.

Therefore, you do not need to include a lot of legal jargon in your motion. Judges know that individuals taking care of their own defense are not usually legal experts. You are considered to be handling a case “ in pro per” or “ per se” if you represent yourself. The court sees many motions to dismiss from individuals who are representing themselves. Reducing the evidence against you may increase the odds of your case getting dismissed.įor a free legal consultation, call (310) 896-2723 Focus on Tone When Writing a Motion to Dismiss A lawyer can advise you to take steps to block evidence before filing a motion to dismiss. You may want to speak with a DUI lawyer in California before you file a motion to dismiss. You might also receive a dismissal if your case was filed in the wrong venue. Your case could get dismissed if you were charged with a DUI after an unlawful police stop.

A judge may quickly dismiss your motion if the evidence against you is very strong, for example.Īdditionally, the court may only dismiss DUI charges in some cases. However, attempting to get charges dismissed in all situations may not work. Technically, you can write a motion to dismiss any charges you are facing in California. Consider Your Case Before Filing a Motion to Dismiss You can also choose to work with a DUI lawyer for help filing a motion to dismiss. You can write a motion to dismiss if you are representing yourself in California. Reasons for your charges to get dismissed.An accurate narrative regarding your charges.However, you can write this motion if you include: How do you write a motion to dismiss charges for driving under the influence (DUI) in California? Writing your own motion to dismiss may get complicated.

Motion to dismiss criminal case sample