can anyone explain what "motion to dismiss" is/ when it happens in a traffic case?

fruitrollup

New Member
is this instead of guilty/innocent or before then? can anybody help me out on when you do this in the proceedings/ what this is?
 

mrbunny

Well-Known Member
is this instead of guilty/innocent or before then? can anybody help me out on when you do this in the proceedings/ what this is?
It's asking the judge to dismiss your case and let you go. It would be before guilty or innocent.
 

fruitrollup

New Member
thanks for this stuff... so how does the structure of this go? i check in, ... what happens up to this point at arraignment? im trying to write a script with some marc stevens defenses so id like to know how its gonna go down word for word. this is important to me and i got fucked over on this one. its driving on a suspended in ma which is criminal thanks again
 

mrbunny

Well-Known Member
I'm not a lawyer, I used to serve papers, lol. Sorry I don't know much more than what a motion to dismiss is, can't really tell you how it's done.
 
You and/or your Lawyer must appear in court. The judge hears both sides. After hearing everything presented in the case your Lawyer would/could ask for a Motion to Dismiss provided the other side did not fully prove that it was you or the offense in question.

You got caught behind the wheel of a car DWLS. The police have their computers to show that your Lisc was suspended by the state. They have very good grounds that the arrest/ticket/detention they made was Legal.

However if you had a legal document showing you paid and/or your Lisc was reinstated the day before or prior to getting stopped, then you would have just cause to ask for a "Motion to Dismiss"
 
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