Motion to Dismiss DUI in Oklahoma

Many Oklahoma DUI cases can be settled before ever going to trial. There are several ways in which this can happen, including through the filing of pre-trial motions such as a motion to dismiss.

A motion to dismiss is a formal request to the judge to dismiss your case outright. The motion must include specific factors that warrant dismissal, such as breaches in protocol committed by the arresting officer or other substantial case errors.

If the judge grants the motion to dismiss, then the case is officially closed and you are completely cleared of the DUI charge. The charge also becomes eligible for expungement.

When Is a Motion to Dismiss Filed?

We may file a motion to dismiss if we believe that the case is not founded on sufficient evidence. In a DUI case, this could include:

• Not having sufficient reason for the initial traffic stop
• Not having reasonable suspicion to initiate a roadside DUI investigation
• Not having sufficient probable cause to justify the arrest

Can a Motion to Dismiss Be Filed in My Case?

A motion to dismiss is not an option in every case; it depends on the specific details and circumstances. It is also worth noting that there are specific rules regarding motions to dismiss, and these rules vary between state, municipal and federal courts.

Our attorneys and investigators thoroughly research every case, and we have had several prior DUI clients’ cases dismissed after filing a motion.