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. However, you can write this motion if you include:
- An introduction
- An accurate narrative regarding your charges
- Reasons for your charges to get dismissed
- Information about relevant laws
You can write a motion to dismiss if you are representing yourself in California. You can also choose to work with a DUI lawyer for help filing a motion to dismiss.
Consider Your Case Before Filing a Motion to Dismiss
Technically, you can write a motion to dismiss any charges you are facing in California. However, attempting to get charges dismissed in all situations may not work. A judge may quickly dismiss your motion if the evidence against you is very strong, for example.
Additionally, the court may only dismiss DUI charges in some cases. Your case could get dismissed if you were charged with a DUI after an unlawful police stop. You might also receive a dismissal if your case was filed in the wrong venue.
You may want to speak with a DUI lawyer in California before you file a motion to dismiss. A lawyer can advise you to take steps to block evidence before filing a motion to dismiss. Reducing the evidence against you may increase the odds of your case getting dismissed.
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Focus on Tone When Writing a Motion to Dismiss
The court sees many motions to dismiss from individuals who are representing themselves. You are considered to be handling a case “in pro per” or “per se” if you represent yourself. Judges know that individuals taking care of their own defense are not usually legal experts.
Therefore, you do not need to include a lot of legal jargon in your motion. In fact, it’s often recommended that you avoid jargon and wordiness. Judges handle a large amount of motions to dismiss. They have often heard the arguments in your motion many times before.
Keep your points brief and focused on the facts. Straying too far from your point may make a judge impatient. You can get additional help handling a motion to dismiss from a Los Angeles DUI lawyer. Just call (310) 896-2723 and consider allowing a lawyer to handle your motion.
Components of a Motion to Dismiss in California
A motion to dismiss is a legal document. A judge will expect to find specific sections in a motion to dismiss. You may want to include:
- A brief introduction identifying your case
- A section detailing the facts of your case
- An argument regarding the dismissal of your charges
- A conclusion that calls for the charges to get dismissed
There are a number of sample motions to dismiss available for you to consider. These samples will give you an idea about what a motion to dismiss looks like. Note that these documents are not all formatted in the same way.
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Responses to a Motion to Dismiss DUI Charges
Filing a motion to dismiss your charges does not necessarily ensure that your charges will be thrown out. In fact, the prosecution may file a response to your motion. Generally, the prosecution has 15 days to file a response to a legal motion in California.
The specific regulations for handling a motion to dismiss can vary by jurisdiction. A DUI lawyer can provide you with specific information about the regulations in your area. Your lawyer could also take care of formatting a motion to dismiss on your behalf. Your lawyer may also be able to help if the court denies your motion to dismiss. You might move to:
- Get your charges reduced
- Handle your charges in court
Some DUI charges are resolved with a plea bargain in California. This allows you to reduce the penalties you are facing in many situations. Some DUI charges go all the way to a courtroom trial. Your lawyer can represent you in front of a judge and jury here in California. Learn more by contacting the Simmrin Law Group for help today.
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Have a Lawyer Write a Motion to Dismiss in California
You can write a motion to dismiss if you were accused of a DUI in California. Alternatively, you can reach out to a DUI lawyer to get help getting your charges dismissed. You can reach out to a member of the Simmrin Law Group for assistance now. We provide a free consultation to individuals in your situation.
You can reach us by calling (310) 896-2723. We also have an online contact form that you can complete.