Motion to Dismiss Case (CA PC 1385)
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Law Office of Christopher Dort
Improved, Revised for 2012. Editable.
Dont have a good defense to a CA traffic court failure to appear or misdemeanor case? Cant pay a fine? Dont Give Up!
Try a California Penal Code 1385 Motion to Dismiss "in the interests of justice" under California Penal Code section 1385. Here is the real Motion Form, written by experienced Criminal Defense Trial Attorney, Christopher Dort.
This is the motion Attorneys use as a last resort when nothing else works. It is a basic request for fairness, and justice (equitable releif in legaleze).
"I wrote this common Legal Motion for the thousands of people who have traffic court fines that they cannot pay, and they need to drive or get some sort of relief to work." - Attorney C. Dort
Use this form to ASK THE COURT TO DISMISS the case, SUSPEND A FINE and Release a Drivers License Suspension using the courts discretionary powers under California Penal Code 1385 - which allows dismissals of traffic and criminal cases in the "Interests of Justice".
This is an EZ ready to file form, just fill in the blanks and add your special circumstance - like financial hardship, military service, need to drive, etc. Then file with court clerk or judge in open court (and send to prosecutor, if any).
This form is written for a traffic ticket with a failure to appear and suspended drivers license, but you can edit it for any traffic or criminal case.
Use this form as is, or as a template for your own ideas. The format is flexible. Once you see it, you will understand it.
Instructions included. We answer most questions via email. Comes as a WORD version. Other file format avail by request.
Can be used with other motions (1 case per motion). May save you hundreds or even thousands.
Comes with sample letter to traffic court clerk for filing by mail if necessary.
From the creator of www.trafficcourtpros.com and Editor of www.TrafficCourtBlog.com