Often times the first issue raised by our clients is the possibility, or lack thereof, of their case being dismissed. This is a particularly tough question to answer when one is charged with Driving Under the Influence (DUI) or any number of Domestic Violence (DV) charges. The legislature has carved out exceptions for these types of charges that make dismissal a much less easy remedy for a District Attorney or Court to agree to. In order for a Domestic Violence or Driving Under the Influence charge to either be dismissed or taken out of the alcohol or domestic violence realm which they are charged under, a finding must be made by the Court that District Attorney could not prove the case beyond a reasonable doubt.
In a normal case, if the District Attorney wants to dismiss a case, it's a rather simple matter of just citing the "interests of justice" to the Court and in general the case will be dismissed. However, due to the legal requirement that the District Attorney make a "factual finding" on the record in Court that they cannot prove the case beyond a reasonable doubt in Domestic Violence and Driving Under the Influence related cases, the Court is much less likely to be satisfied with the simple answer of "it is in the interests of justice your honor".