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. How Do I Choose A Los Angeles DUI Attorney?.You need to state how the motion was served and sign attesting to the service. Sample language might be, “WHEREFORE, Defendant respectfully requests that the Court grant this motion and dismiss the complaint with prejudice.” At the end of the motion you should again request dismissal.
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In support of the motion, Defendant states…” Then you list the facts that support your motion. For example, you would write, “COMES NOW Defendant Aisa Rosen, representing himself pro se, who asks this court to dismiss the action with prejudice. In the body you request dismissal and provide the factual grounds for the relief.
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You should title the motion “Motion to Dismiss the Complaint.” Look at an earlier motion or pleading in your case to find this information. The header identifies the court, the parties, and the case number.
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At a minimum, a motion to dismiss should have: X Research source
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Try to find samples specific to your state, as the form and substance of motions can differ somewhat from state to state. Type “Motion to Dismiss” and then your state. You should look for samples on the Internet. If your court does not have a fillable form, then you will need to draft the motion yourself.