Individuals in California accused of driving under the influence (DUI) have a number of legal options to resolve the charges. Drivers may agree to a plea bargain, plead guilty, or take their case to court. Drivers also have the option to get their DUI case dismissed.
Use this article to review the dismissal of a DUI case in California. Review situations that can result in a dismissal with the Simmrin Law Group. Find out if a dismissal might be right for your situation by calling us at (310) 997-4688.
Basic Facts About the Dismissal of a DUI Case
Getting a DUI charge dismissed in California requires a driver to make a formal request of the judge handling their case. This request may be called a:
- Motion to dismiss
- Motion to set aside
The judge can assess the motion to dismiss to determine if a dismissal will be allowable. If the judge grants the dismissal, the driver will not be penalized by the court. However, keep in mind that:
- The DUI arrest will remain on the driver’s record
- The Department of Motor Vehicles (DMV) can still suspend driving privileges
- The driver will not be proven “innocent”
A dismissal of charges for a DUI is often considered preferable to a plea bargain and it is certainly favored over a conviction.
Methods to Secure a Dismissal of DUI Charges
Judges in California do not frequently dismiss DUI charges. However, there are situations where a driver can secure the dismissal of their charges. In order to get charges dismissed, a legal professional will need to demonstrate that:
- A driver was arrested illegally
- A driver’s preliminary hearing was illegal
- A driver does not face any serious evidence of wrongdoing
Drivers in California can face multiple charges after a DUI arrest. A criminal defense lawyer in Los Angeles may move to dismiss some or all of the charges, depending upon the driver’s situation. You can call (310) 997-4688 if you believe your DUI charges could be dismissed.
Demonstrating That a Driver Faced Illegal Actions
DUI charges in California may be dismissed if a driver was subjected to illegal actions by law enforcement officers or members of the court. A legal professional could move to dismiss DUI charges if:
- A police officer did not inform a driver of their rights after an arrest
- Law enforcement officers broke the law to gather evidence
Additionally, sometimes the court system will violate a driver’s rights in California during preliminary DUI hearings. Individuals arrested in California for a DUI have the right to:
- Conduct a preliminary hearing in one session
- Present, confront, and cross-examine witnesses
- Be represented by a legal professional
Drivers denied any of the above rights may be able to seek the dismissal of a DUI charge in the state of California.
Demonstrating a Lack of Probable Cause for a DUI
Drivers should only be stopped for a DUI if there is reasonable cause to believe they are driving while impaired. Sometimes, law enforcement officers in California make an arrest without probable cause. In this situation, a driver could seek the dismissal of DUI charges.
A DUI lawyer in Los Angeles can review the facts of a DUI case to determine if there was probable cause for an arrest, or not. If a driver was stopped while operating a vehicle in a normal, reasonable way and accused of a DUI, for example, probable cause may not have existed.
Review Your Legal Options for Handling a DUI Case
You can get help handling a DUI accusation in California by reaching out to the Simmrin Law Group. Our DUI lawyers in Los Angeles can go over your specific situation today. Based on your circumstances, a lawyer may file a motion to dismiss your charges.
In other cases, your lawyer may work to secure you a plea bargain from the prosecution. These deals are often used to resolve DUI charges in California. Finally, the team at the Simmrin Law Group is prepared to handle your charges in court.
Increase your chances of successfully resolving a DUI accusation by contacting us as soon as you are arrested.
Get Legal Help Handling the Dismissal of a DUI Case
Dealing with the dismissal of a DUI case can be easier if you have professional assistance on your side. Get the help you need by reaching out to the Simmrin Law Group now. We are ready to assess the odds of a dismissal in your case right now with a FREE initial case evaluation.
Get in contact with our DUI lawyers in Los Angeles by calling (310) 997-4688 or filling out our online contact form.