Charlotte, NC asked in Criminal Law and Cannabis & Marijuana Law for Arizona

Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if that makes a difference in this case. I would like to have my driver's license and rights back. I'm just not sure which direction to go I cannot afford an attorney

1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
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Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be removed. If it is a DUI conviction, but you have outstanding fines then you will need to pay off your fines before the license hold will be removed. However, many courts will allow a payment plan to remove the license hold.

There is not a magic defense motion to dismiss. If there is no factual basis for the charges then the prosecutor should dismiss. In Arizona, you can be found guilty if the State proves that you were impaired to the slightest degree by marijuana regardless of whether you had a medical card. If it was strictly inactive metabolites, then that is a basis for dismissal as Arizona law requires there to be an active metabolite of marijuana for DUI.

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