Motion to Dismiss Case (CA PC 1385)
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Law Office of Christopher Dort
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 Motion to Dismiss based upon California Penal Code 1385 "in the interests of justice". 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). It is a request to the court that it use its descretionary authority under PC 1385 to dismiss a case.
"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. I cannot promise it will work in all cases, but it has workled for me." - Attorney C. Dort
Use this form to ASK THE COURT TO USE ITS POWER 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. It is desgined as a last ditch effort when nothing else is working on a 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.
A simple argument one sentence can support this motion: "Your honor, I ask in this motion that you use your discretionary powers under Penal Code 1385 to dismiss this case."
From the creator of www.trafficcourtpros.com and Editor of www.TrafficCourtBlog.com.
*For private end user selfhelp use only in minor traffic court cases. Do not buy this form if you are trying to help someone other than yourself. All cases are unique, and this form will not work in all cases.