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A motion to dismiss in a Maryland DUI case is a request to the court or judge to dismiss a charge against a person. If it is dismissed, the entire case is dropped and authorities will not pursue the defendant for the alleged crime. Individuals who are seeking to get a DUI case dismissed should speak with an accomplished defense attorney. An experienced DUI attorney could build your dismissal case.
A Maryland attorney must have justifiable grounds to file a motion to dismiss a DUI case, which could occur for various reasons. An attorney may file for dismissal if they believe there is a lack of jurisdiction. It could be grounds for a dismissal if the offense occurred in a different county, and another county brought the charge. If it is an issue of identity, that the person charged is not the suspect in the case, that may also be grounds for dismissal. The motion is normally filed at some point preceding the commencement of a trial.
Another justification is a significant delay in bringing the case to trial. An attorney may seek dismissal on grounds a person is entitled to a speedy trial. There are also other procedural issues involving flaws in the case that justify an assertion that the case should not be brought before the court. Evidentiary issues also are usually things that are going to be heard at a trial and if they are challenged successfully to the point the prosecution has no case left, it would be grounds for dismissal.
The necessary material for a ground of dismissal in Maryland varies by each DUI case. The motion itself must include the argument, which is what the defense is asking for and the basis for it. Typically, it states what the law is, what the facts are, and how the law applied to the facts supports the desired dismissal.
In Maryland, the motion to dismiss gets delivered to the judge after it is filed and the state’s attorney’s office is notified. The office will have an opportunity to respond to it, either in opposition or to consent to the motion. Both responses will be in writing, and if the office opposes the motion, it may file its own motion and send that to the court with a copy to the defense attorney.
While the defense could respond in certain DUI cases, the judge will typically want each side to file its position in writing. After reviewing the writings, the judge will make the decision whether to dismiss. Alternatively, the judge may feel the facts presented are not entirely straightforward or are in dispute. If this occurs, the judge may order a hearing so the two sides can argue their respective positions. At the end of the hearing or sometime later, maybe even several days later, the judge will make a ruling on the motion.
It is important that a person reaches out to a lawyer that could draft and file the motion to dismiss in a Maryland DUI since all the steps must be done correctly to get the best possible outcome. The motion must be completed accurately and must include all of the important information stated in a sound manner and as effectively as possible. There also are technical and procedural requirements in filing a motion which an experienced attorney has the training and experience to be to complete correctly. Contact a hard-working attorney to champion your case.
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