Legal Question in DUI Law in California
filing a motion for dismissal
My son was arrested on a dui in 2000.He was held at the police station for about an hour then released. This was in another county than he lives in. He was never contacted in any way about his case pending. no one did any thing. He was told he could file a motion for this case to be dimissed. can he? what form is needed to file this motion?
1 Answer from Attorneys
Re: filing a motion for dismissal
An arrest in 2000 has either not resulted in a case being filed, in which case there is nothing to dismisss. Or the case was filed and a warrant for failure to appear. He should immediately follow up on this matter. If there is a warrant for his arrest he needs to retain counsel to assist him in getting the case on calendar and the warrant recalled.