A motion to dismiss is a request of the court to throw out the case, to dismiss the case or terminate the case based on various reasons that may apply to the case. A motion to dismiss a DUI in West Palm Beach is an opportunity for the accused individual to have their case terminated on the grounds that the case was handled improperly. A DUI lawyer should file a motion to dismiss at court as soon as they feel that there is enough of a factual and legal justification to do so in order to preserve a person’s rights to a dismissal. The lawyers will do it as soon as they feel they have enough grounds to do so because if a person wins a motion to dismiss, the case is over when the attorney files it. An individual should work with a lawyer that has experience handling motion hearings, that can use their knowledge to advocate for the defendant.
Reasons to File a Motion to Dismiss
Some reasons a lawyer might file a motion to dismiss a DUI in West Palm Beach is the failure to prosecute, or a violation of speedy trial. There is a time limit that the state has in order to bring a trial unless waived by the person or if the lawyer feels that there simply is not enough evidence to support the charge, the lawyer can file a motion to dismiss which are several reasons why a lawyer would file a motion to dismiss. After the motion to dismiss has been filed, the state’s attorney would have an opportunity to review the case and file a rebuttal to that to deny the claims but generally, there will be a hearing held on a motion to dismiss in which the judge would decide whether the case should be dismissed or not.
Aspects That Must be Included in the Motion to Dismiss
When filing a motion to dismiss, there are certain pieces of information that must be included. The most important information to include in a motion to dismiss are the facts and legal justification that gives rise to the motion itself. An attorney wants to make their argument in the motion as to what they are trying to get dismissed, why they are trying to get it dismissed and what their legal authority is to try to get it dismissed, whether it be by statute or precedent or case law of the court. They must establish that in their motion to put the court on notice and the opposing party as to what their reasons are to justify a dismissal.
Importance of Working With a DUI Lawyer
Working with a DUI lawyer can be instrumental in your DUI case. If the motion to dismiss a DUI in West Palm Beach is improperly written or properly presented, it will be denied. A capable lawyer should know how to write a motion to dismiss. Ideally, the attorney may know how to write the motion in a way that increases the likelihood of it being granted. A person without the knowledge, training and experience of being a lawyer and going to law school will most likely not know the rules and laws to be able to properly draft a motion to dismiss that is going to be considered and be effective and hopefully be granted in court. If you have been charged with a DUI and you want to file a motion to dismiss, reach out to a skilled DUI attorney that can fight for you.