1 First-Middle: Last

c/o 1234 Your Address St.

2 City / Town, State Republic
3
4
5 SUPERIOR COURT FOR THE CITY OF CITY/ TOWN
COUNTY OF COUNTY, STATE OF STATE
6
7 STATE OF STATE )
) Case No.: Case Number
8 )
9 Plaintiff, ) Motion to dismiss for lack of
) complaint.
10 vs. )
11 )
FIRST MIDDLE LAST ) Date: Appearance Date
12 ) Time: Appearance Time
13 )
Defendant, )
14 __________________________ ) _________________________
15
TO THE HONORABLE JUDGE PRESIDING IN THE SUPERIOR COURT OF
16 THE STATE OF STATE FOR THE CITY OF CITY / STATE.
17
PLEASE TAKE NOTICE that on Appearance Date, 2018 in the above-entitled
18
court at the hour of 1 p.m., or as soon thereafter as defendant can be heard, the
19
defendant hereby moves to dismiss the charge filed in the above-titled case on the
20
basis that the Plaintiff, whomever that may be, has not properly filed a complaint.
21
This motion is based upon the attached Memorandum of Points and Authorities and
22
such additional evidence and argument as may be presented at the hearing of this
23
motion.
24
25 Respectfully submitted,
26
27 ___FIRST MIDDLE LAST___
FIRST MIDDLE LAST, Defendant
28
29
30 ____________________________ Dated:___________________________
First-Middle: Last, authorized representative
31
32 ------------------------------------------------ Page 1 -----------------------------------------------

33
 MEMORANDUM OF POINTS AND AUTHORITIES
1
2 1) First Middle Last, (Last Name), is hereby demanding this court to dismiss the

3 case for lack of complaint.

4 2) Georgia Code – Motor Vehicles & Traffic – Title 40, Section § 40-13-2(look up
statute for your state) states:
5 The board of Public Safety, by rule and regulation, shall establish a system of
6 accountability for all traffic citations and complaints, and it shall also provide the
7 procedure governing the use and issuance of such citations and complaints.
(input statute text or a snippet of it)
8
(bolded for emphasis by Your Last Name)
9
3) District Attorney or City Attorney on the part of the state has chosen not to
10
prosecute by not filing a citation and complaint specifically setting out the charge
11
pursuant to State Code(look up statute for your state)-
12
Motor Vehicles & Traffic- Title 40- Section § 40-13-24 (look this Georgia code up
13
and transpose for your state’s equivalent). (bolded for emphasis by Your Last Name)
14
Argensinger v. Hamblin, 407 U.S. 25 “As accusatory pleading is a necessary
15
prerequisite to the court’s jurisdiction.”
16
4) Georgia Code- Motor Vehicles & Traffic- Title 40, Section § 40-13-54, also
17
states: (look up statute for your state)
18
19 The original citation and complaint shall be sent by the officer issuing it to the
20 traffic violations bureau of the court within 24 hours of the arrest. The defendant
named in the citation shall be given the second copy. The officer issuing the
21
citation and complaint shall retain one copy for himself or herself, and the court
22 may, by order, provide that an additional copy shall be made for the use of any
23 municipality in the county or the Department of Driver Services.

24 CONCLUSION
25
For all the reasons stated, First Middle Last moves the court to dismiss this case with
26
prejudice.
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____FIRST MIDDLE LAST____
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Defendant:
30
31
_____________________________ Dated: ___________________
32 First Middle Last, authorized representative
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