DUI Dismissed California Metro
If you desire to get your DUI dismissed in California’s Metropolitan Court (“Metro”) in downtown LA, there are a few different ways you can do it.
First, if you have legitimate defenses to the elements of the DUI charge, you can get your DUI dismissed in Metro Court that way. The second way is to have an experienced attorney file a Serna motion to get your case dismissed.
DUI Dismissed California Metro – What’s a Serna Motion?
A Serna motion is a pretrial motion that asks the judge to dismiss the DUI charge (or other criminal charge) brought against you, based on a violation of your constitutional right to a speedy trial.
For misdemeanor cases, the statute of limitations is one year. If the District Attorney has filed DUI charges against you within the one year statute of limitations (the time period begins from the date of the violation), then the District Attorney is within the statute of limitations.
However, even if the District Attorney has filed charges against you, if you have not been brought to trial within one year on a misdemeanor case, there is a presumption your constitutional right to a speedy trial has been violated.
This means that the District Attorney bears the burden of proving you would not be prejudiced by the delay in bringing you to court.
DUI Dismissed California Metro – Get Help from an Attorney
Attorney Paul Denni has successfully won Serna motions, resulting in the dismissal of criminal charges brought against his clients. If you have a warrant for a case you’ve never been to court on, and that case is over one year old, you have a potential Serna motion defense. Attorney Paul Denni can bring the Serna motion for you. To talk to Mr. Denni about getting your DUI dismissed with a Serna motion, you can contact Mr. Denni by phone at 888-250-8450, by email at TrafficDefenseHelp@gmail.com, or in the Contact Form to the right.