This hearing can take place the next day, or it may happen weeks later. You Were Charged Illegallyįollowing your arrest, you will be given a preliminary hearing during which you are formally charged with DUI and any other criminal offenses. There was no probable cause to charge you with DUI in the first place.īoth of these circumstances involve complicated legal points, but either one (or both together) can save you from a DUI.The way you were charged with DUI at your preliminary hearing was illegal.This request works best for these two situations: This motion is a formal request for the judge to consider throwing out the case. California law allows you to file a “motion to set aside” or “motion to dismiss” with the court. There are certain circumstances in which you might have legal grounds to argue that you should not be facing a DUI charge at all. To find out if this strategy can work for you, you need the help of a qualified Los Angeles DUI attorney. Instead of facing these, you can try to win your DUI case without ever going to trial.Ī “motion to dismiss” can get rid of a DUI arrest in many instances where a driver is charged illegally or was arrested without probable cause. However, California is very tough on drunk driving and imposes severe penalties even for first-time offenders. ![]() ![]() When you have been arrested for DUI, you may feel you just have to pay the fines and accept the jail time. How a “Motion to Dismiss” Can Get Rid of a DUI Charge
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