I have to face a wrong criminal charge for driving without licence. How do I write a motion to dismiss?
97791
You can't just write a motion to dismiss.  You have to do some legal research and provide the judge with proper legal reasons that justify a dismissal.  Then you have to file a otion and notify the prosecutor of the hearing date and given them copies of the papers you filed with the court.
1046250
You can call the County Attorney's office in your county and speak with someone about the guidelines. Also you could plead not guilty in court and hire a private attorney to investigate into the matter of the legality of the roadblock. Could be pricey but it'll get you out of the ticket if you could prove that it was illegal.
813184
David-\n\nYou don't go into the problems with your car, but I am assuming they are mechanical since you don't describe any moving violations.  \n\nTypically, mechanical violations, including failing to change your address with DMV, will be "correctable".  Check your citations...most will say "Correctable Yes/No" next to the violation code.  If they are, simply correct the violations, have an officer from your local police department "sign the ticket off" and you won't have to pay a fine in court.  \n\nNow, there may be court fees to remove the citation out of the system, but you're looking at around $10 per ticket (depending on where you are).  This beats the fines!!!\n\nIf you have citations with moving violations, such as running a red light, unsafe lane change, speeding, etc., those are not correctable and you will have to go to court and pay a fine.\n\nIf you do have correctable violations and you don't correct them, you will be stuck paying fines on all those violations.  Get them signed off fast!\n\nMy advice:  Correct ALL your violations that can be corrected, go to court, tell/show the judge you have correct all the issues and respectfully ask for leniency based on your situation.  DO NOT ignore the citations or ultimately, a warrant for your arrest can be issued and the fines will double, triple, etc.\n\nHopefully this helps you, and GOOD LUCK!
595110
Ask the judge for "Deffered Judification" ... \n\nThis basically means you 'promise' not to get in any trouble for 90 days, tickets, arrests ect... and if you fulfill that promise the ticket goes away.\n\nIf you get another ticket, they charge you full ticket price on either one.\n\nYour other option is defencive driving which will get most states to dismiss the ticket.\n\nIf you go the DD route, I reccomend taking the CLASS not the internet one... the internet one usually takes longer believe it or not.
1023732
What is their Motion to Dismiss based on?  Did you fail to state a proper claim, get proper service, file after the statute, wrong court, wrong defendent...?  A Motion to Dismiss is usually filed claiming that the Plaintiff failed to state a claim.  You need to find case law that supports that you did whatever properly...\n\nYou really should seek counsel in Dade County~they will eat you alive.
866117
A)  If you were convicted on the tickets, there isn't anything you can do.\n\nB) If they are still pending, get a lawyer\n\nC) Not speeding will certainly help you to keep it clean going forward.
428945
A motion to dismiss for failure to state a claim is when the facts you allege in your complaint don't provide for a remedy at law, meaning the courts can not grant you a remedy b/c you have not shown by the facts stated that the other party was negligent, or that they breached any contract.\n\nWhat do you mean the car was dropped off and stoley after repairs were made, yet the repair shop did not talk to the care owner.  The facts are ambiguous and could be why the complaint does not state a claim.\n\nRead over the facts as presented in the complaint to make certain the story makes sense for the wrongs you are alleging.
1087842
Former Police Officer/Current Attorney...\n\nI'll answer the second question first. Yes, one state can ask another state to suspend your drivers license. Most states (there a FEW exceptions) have a reciprocal agreement to enforce each others tickets. So, if you fail to pay the ticket your license could be suspended/revoked.\n\nYou really have no defense when it comes to the "I was following the pack" argument. Officers can usually only stop one car at a time-you were that one car. Now, he may have seen that you were from out of state. Usually, people from out of state just pay the ticket. They don't want to come back for court. From the facts that you gave I really see no VALID defense that you could make.\n\nThe only thing you MIGHT have luck at is contesting the ticket, and showing up for the court date. I would call his department and find out if he is working the day of trial. If he is working then chances are he'll show up for trial. If he is not working then there is a GOOD chance he may not show up for court. Some officers would rather spend their day off with family-not court. If he doesn't show up then ask that the ticket be dismissed. Explain to the Judge that you had to drive a LONG distance to be there, and that you had to miss work/school for it. The Judge may then dismiss it. \n\nAnd, don't listen to some of these other brilliant responses...the Judge will always take the officers word over yours. In the end, no matter what, you'll probably be found guilty...unless the officer fails to show up! Good luck!
603738
Wow.  I continue to be amazed by some of the answers folks have here.\n\nI'm going to assume you're in California, since you made reference to not having a California license:\n\nThylawyer has a good answer - just because you don't know why you were pulled over does not mean there wasn't a perfectly legal reason to do so.  Your assertion that the police didn't have probable cause (which isn't the standard used in California) because you think you were obeying all traffic laws is bizarre...you said yourself that you don't know why they pulled you over, so how can you assume they didn't have a reason?\n\nAnd despite what people are saying here, police in California cannot pull you over solely to find out if you have a license.\n\nSo the answer your question is yes, you can get the charges dimissed if the police did not have a legal reason to stop you - but you have no business assuming they had no reason to stop you just because *you* think you were obeying all the laws (and again, police in this state do not need probable cause to stop you, they only need reasonable suspicion).
1151643
Trust me, find a ride!  or Go to jail if caught!\nYou are only asking for more troubles if you get behind a wheel and get caught driving with a suspended license.  Things will only get worse.  \nBest thing to do is fix what got it suspended and work on getting your license reinstated.
746342
Depends....\n\nAre you actually guilty?  Search online for Hawaii's Vehicle Code for the code section you're accused of violating.  Chances are, if you're not guilty of *everything* in the exact section you were cited for, you can get "off".\n\nIn California, you *can* agree to a "Trial by Written Declaration".  Both you and the officer write the story and mail it to the court.  (You get a copy of what the officer writes, and s/he gets yours.)  The judge then makes a decision.  In California, if you lose your "Trial by Written Declaration" you can request a new trial in court (called a trial de novo).  I don't know if Hawaii has similar rules.\n\nIf you're interested in actually fighting your speeding ticket, Nolo Press (www.nolo.com) has books that you can purchase to present your case to the judge.  (I did; and actually won against a speeding ticket.)\n\nOn the other hand, if traffic school is an option, you might take it.  Fighting your ticket is a long and sometimes confusing process.  I did it because I had absolutely nothing to lose and nothin' but time....
626870
Check with the Bar Association's Attorney Referral service for an attorney that handles DMV cases. Explain to the Bar the circumstances surrounding the pending suspension, leave nothing out, even if you are guilty. The more information that the attorney, the better he/she will be able to represent you.
706994
In my state, I have contested each and every ticket I got. I always had it dropped, just because I showed up in court, or put my excuse in writing...\n\nGive it a try, you have nothing to lose
569485
If you read the back of the ticket you will see that you had 15 days in which to pay voluntarily which was even a reduced fine. Now it's too late, you must attend or you won't have an opportunity to fight it. If you don't want to fight it the court will make a ruling that you have to pay and if you don't you won't be allowed to renew your drivers license. My pet peeve is when people ask these questions they don't say what country or state they are in so you may not be getting a correct answer from ANYONE on this. Please just go to court-play it safe! And since you will be there anyway-just contest it-believe me-it's FUN and you have more than an 80 percent chance of winning as the cops rarely show up due to rotation on their shift or they are usually too busy or needed elsewhere. If the cop doesn't show but you do -you're walking out of there with all your money.
1005368
Plea not guilty and take the reduction to illegal parking to avoid points on your license. I'm sure you were very careful in going around the double parked vehicle and checked both pedestrian and vehicle traffic before passing.
804031
go to dmv they will have the cope on file...everybody makes mistakes
656814
i used to work for clerk of courts in the traffic division for a larger city,  there is little chance that you will get the ticket thrown out dropped,  however if you do come in to court in a suit an tie, and if you are respective of the judge and the legal process, you will probably be charged court cost, pledge no contest, tell the judge that you were not familiar with the area and if you bring in a picture of the stop sign  it might help.  court cost are  usually about half of the cost.