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DC DUI Motion to Dismiss

A DC DUI motion to dismiss is used when a party wants to throw out certain claims in the case or throw out the whole case altogether. These motions may be used when one party believes there are certain issues with the case. To learn more about how a DC DUI motion to dismiss could be important to your situation, reach out to an experienced DUI attorney.

Issues Leading to a Motion to Dismiss

A DC DUI motion to dismiss can take many forms depending on the nature and circumstances of the issue at hand. When there are issues of discovery that was not provided by the prosecutor, there could be a motion to dismiss. If the government did not provide Brady information that tends to show that a person did not do what they are accused of, it could be a basis for a motion to dismiss. Also, there may be a dismissal for a Sixth Amendment violation when the government delays so long that defense witnesses are no longer available. An accomplished attorney will have the experience to know which issues may arise in a case that could lead to a dismissal.

When an Attorney May File a Motion to Dismiss

The option of filing a motion to dismiss depends on the stage of the case and what the attorney hopes to accomplish. This action depends on the facts and circumstances because the attorney wants to get the maximum impact from a motion to dismiss. If the attorney’s goal is to get the case dismissed, the attorney may want to a motion to dismiss when the trial is starting or just before.

As in any motion, the information included in the DC DUI motion to dismiss includes the factual background of the case, the facts that support the motion to dismiss, the law related to that, and the application of the law to the facts.

What Happens After a Motion to Dismiss is Filed?

After a motion to dismiss is filed in DC, the government typically has 10 business days or two weeks to respond. When the government responds, the defense has about five business days to issue a written reply to the government’s opposition if they choose to do so. Then there may be a hearing by the judge or the judge might just decide on how to rule on the motion based on the paperwork they received.

Drafting and Filing a DC DUI Motion to Dismiss

It is important for a lawyer to file and draft motions to dismiss that are accurate and strategically viable. It is part of the overall strategy of the case and it can sometimes be most effective in gaining what one wants in each case. This is why it is essential for defendants to reach out to a seasoned attorney who has experienced filing a DC DUI motion to dismiss. This dismissal could help you avoid charges and suffer the consequences of a DUI offense. If you have any questions about the motion to dismiss in a DC DUI case, consult with a knowledgeable attorney.

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