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What does a Notice of intent to dismiss for invalid violation code(s) mean?

El Mirage, AZ |

My husband got arrested for extreme DUI and a no headlights charge. We just received a letter in the mail of Notice of intent to dismiss. What could this mean? The Courthouse is closed today so I can't call to ask. Also the officer was surprise pd and he pulled him over in El mirage. And when he went the next week to get his fingerprints done the office didn't have any of the arrest paperwork.

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Attorney answers 3


In certainly sounds like good news, but I'd be hesitant to get too excited until speaking with somebody from the court or prosecutors office to confirm. I'd suggest calling the court again on Monday, and it might not be a bad idea to call a local DUI attorney and talk to them as well. Good luck.

Jasen Nielsen


I agree with my colleague, this sounds like it could be good news for your husband. Proceed with caution.


I can't say without looking at the notice but it could be a motion was filed by the prosecutor to dismiss due to the wrong code being entered. This would be unusual as the prosecutor could simply amend the charge to reflect the correct code. Another possibility is that the officer never filed the original of the complaint at the court and the court is planning to dismiss. In either event don't get too excited those dismissals are always without prejudice meaning they could be refiled and they generally are. If your husband has two prior dui's within the last 84 months this one would be a felony, likewise if his license was still suspended from a prior DUI this offense could be a felony. If a prosecutor finds out the case may be a felony the general practice is to dismiss, again without prejudice to allow the County Attorney to review the case to see if it should be filed as a felony. By now you probably called the Court. Whatever the answer was check with a crimminal defense attorney the prosecutor is unlikely to let an extreme DUI fall through the cracks.