Q: What does Motion to Nolle Prosequi mean for DUI and hit and run case?
I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what should I consider regarding waiving my appearance?
A:
A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)
If you're okay with them dismissing the charges, then you don't need to show up.
A:
A "Motion to Nolle Prosequi" means the prosecution is asking the court to **dismiss the charges**, at least for now. In Georgia, this usually happens when the state decides not to proceed with the case due to lack of evidence, missing witnesses, or another reason that makes prosecution difficult or unnecessary. It doesn’t mean you're found not guilty—it just means the charges are being dropped, and the case won’t move forward unless refiled later.
If you've received this notice, it's a positive development. The fact that you're being given the option to waive your appearance likely means your presence is no longer required because the prosecution plans to formally dismiss the charges. However, it’s still a good idea to make sure the dismissal applies to **all counts**—DUI, hit and run, and failure to maintain lane—not just one of them. You can do this by contacting the clerk’s office or whoever sent the notice.
Waiving your appearance is generally safe in this scenario, but if you feel unsure or want peace of mind, attending or asking for clarification is a smart move. This step could bring a major sense of relief, especially if it truly ends the case. You’ve already come a long way—make sure the dismissal is clear and complete so you can move forward with confidence.
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