A “motion to dismiss” can get rid of a DUI arrest in many instances where a driver is charged illegally or arrested without probable cause. To find out if this strategy can work for you, you need the help of a qualified Los Angeles DUI lawyer.
An attorney can push the court to dismiss your DUI charges by proving that the prosecution has insufficient evidence or that the police violated your rights. You can learn more about this option by contacting for help immediately after an arrest for drunk driving.
When Will the Court Dismiss a DUI?
There are certain circumstances in which you might have legal grounds to argue that you should not be facing a CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol charge.
California law allows you to file a “motion to set aside” or “motion to dismiss” with the court. Your criminal defense attorney may file this motion if:
The Prosecution Charged You Illegally
Following your arrest, you will get a preliminary hearing during which the court will formally charge you with a DUI and any other criminal offenses. This hearing can occur the next day or may happen weeks later.
The court must conduct hearings in a specific way that provides you with substantial legal rights.
The charge you face becomes illegal if the court violates or denies your rights. The most common rights violations related to the preliminary hearing are:
- Someone denied you the right to representation at the hearing by an attorney,
- No one ever advised you that you had the right to representation from an attorney,
- Someone denied you the right to have your hearing conducted in “one session” or
- Someone denied your right to present, confront, or cross-examine witnesses.
A defense attorney can assess your situation to look for grounds for dismissal and explain how a motion to dismiss can get rid of a DUI charge.
The Police Stopped You Without Probable Cause
Probable cause means that there are rational grounds to believe that you committed a DUI. Probable cause is not the same as whether you are guilty or innocent.
It is much simpler than that; arguing that there is no probable cause is similar to arguing that the entire charge is preposterous.
For example, your defense lawyer may file a motion to dismiss your case based on a lack of probable charge if the police had no rational grounds to issue a DUI charge.
Does a Dismissal Work for All Charges?
Whether a dismissal can work for all the charges you face depends on the details of your situation. Many DUI defendants are arrested for other offenses as well, such as possession of drugs, driving on a suspended license, or an open container violation.
If someone denies your right to a lawyer, all the charges are illegal, and the court should dismiss them. However, if the problem is that the “open container” was actually in the trunk, not the car, then you could get that specific charge dismissed but not the others.
Some more of the common reasons that a judge may dismiss a case include:
- Someone suppressed evidence involved in your arrest.
- The prosecutor agrees to drop the charges.
- Someone violated your constitutional rights in some way.
You can discuss your specific situation with a criminal defense lawyer and learn how you can get rid of a DUI charge with a motion to dismiss. Your lawyer can also explain when a motion to dismiss can be filed.
A Motion to Dismiss Is a Powerful Strategy
While filing a motion to dismiss a charge for DUI does not always work, it does represent one of the most potent strategies you and your lawyer can use. You could avoid excessive fines, stay out of jail, and escape having a DUI on your driving record.
One of the best attributes of a motion to dismiss filing is that it does not harm your case. It is a very common practice used by top California DUI lawyers when there are any legal grounds to do so.
Additionally, there is no downside to asking the judge to dismiss a charge. Even if the request fails, you will not face any prejudice or punishment for attempting to remove charges.
Alternatives to Filing a Motion to Dismiss
If a motion to dismiss is not an option your lawyer chooses, other approaches could tilt the case in your favor. Your attorney may file a:
Motion for Discovery
If the prosecuting attorney does not share evidence with your lawyer, this motion can force them to do so. This motion could reveal facts that cast doubt on your guilt and help you win the case.
Motion to Suppress
Lawyers file a motion to suppress when you believe specific evidence, such as a confession or breathalyzer test, was obtained illegally or incorrectly by the police, thereby violating your rights.
Pitchess Motion
Lawyers use a Pitchess motion when they believe the police arrested you for false reasons, racially profiled you, harassed you, or planted evidence, among other situations. You can request a review of the officer’s file to determine if they have a history of those behaviors.
A recent law, California Senate Bill 1421, eliminated the need to file Pitchess motions in some instances. It opens police personnel records to the public in cases where an officer has a history of certain behaviors.
In these situations, your lawyer can request the officer’s records for review without formal legal action.
Can You Dismiss a Sentence Enhancement?
Your lawyer may sometimes petition the court to dismiss a sentencing enhancement. For example, let’s say the police arrest you for a DUI and tell you they need a blood sample to test you for drugs. You refuse.
Police then charge you with refusing the blood draw(a “sentence enhancement” that makes the penalties for DUI worse). However, the police never advised you that refusing the test is illegal, which they must do.
You could file a motion to dismiss the refusal charge, which the court should grant. You will still have to face the DUI charge, but the refusal charge comes off the table.
Learn More About a Motion to Dismiss Today
Want to know how a motion to dismiss can get rid of a DUI charge? An experienced Los Angeles DUI attorney can guide you through the legal process and answer your questions.
Contact us today using our online contact form or call when you’re ready to build your defense. We can connect you with a professional defense lawyer.
