Motion to Dismiss Vehicle Code 23123 Charge
This is a 7 page Motion to Dismiss an alleged Vehicle Code section 23123 violation on the grounds that it is Unconstitutionally Vague and therefore Violates Due Process Protections as guaranteed by the 5th and 14th Amendments.
This self help Motion form is a challenge to the vagueness of the words "using a wireless telephone" in California's ban on using a cell phone while driving. It is best used where there is no evidence the Defendant was actually talking to another human (GPS use of the phone, music player use, unproven use, etc) but they were still charged with a Veh Code 23123 violation.
It argues that the failure to exclude otherwise lawful behavior, such as using a map function, makes the law Unconstitutional. Cites valid, powerful US Supreme Court Cases and makes pursuasive arguments. Preserves issues for appeal in state and federal court if the Motion is denied by the trial judge.
"This is the same motion I would use if I were the Defense Attorney on a Veh Code 23123 violation to challenge Constutional issues with the law." - Attorney Christopher Dort
Comes with easy instructions. Designed to be filed and presented at a traffic ticket trial by a self represented defendant. Can be used at a live court trial or as an attachment to a Trial By Declaration. Comes with instruction on how to use and file the document with the court. Just fill out the boxes with your info, file, and demand a ruling!
You can use this form as is, or as a basis for your own ideas.
CA Sales tax included in the price.
For more info on this legal challenge, see our article on the subject. http://trafficcourtpros.com/blog/unconstitutionally-vague-defense-explained-using-californias-cell-phone-while-driving-law/
Other Forms that may also help:
Pre Trial Motions for a Traffic Ticket Trial
*This is a CA only form. It will not work if you have already been convicted.