← FORMVANA NC FORMS
VIEW ALL FORMS →
01
ATTORNEY INFORMATION
02
DEFENDANT INFORMATION
03
CASE INFORMATION
04
CHARGE TO DISMISS
05
GROUNDS FOR DISMISSAL (Select All That Apply)
RADAR / LIDAR NOT CALIBRATED
Speed device lacks required calibration certificate — G.S. 8-50.2
NO SPEEDOMETER CERTIFICATION
Patrol vehicle speedometer not certified per G.S. 8-50.2
OFFICER NOT CERTIFIED
Officer lacked certification to operate radar / speed measuring device
INSUFFICIENT PROBABLE CAUSE
Stop lacked reasonable articulable suspicion / probable cause
CONSTITUTIONAL VIOLATION
Fourth / Fourteenth Amendment — unlawful stop, search, or seizure
STATUTE OF LIMITATIONS
Charge not brought within applicable limitations period — G.S. 15-1
06
SUPPORTING FACTS
07
CERTIFICATE OF SERVICE
SELECTED COUNTY
— Select above —
NEED AN ATTORNEY?
A motion to dismiss requires knowing exactly what to request in discovery, how to cite calibration failures, and how to argue constitutional grounds. Get it right the first time.
SPEEDINGTICKET.LAW → BARKER RICHARDSON, PLLC →RADAR CALIBRATION — G.S. 8-50.2
- G.S. 8-50.2 requires speed measuring devices to be certified within the preceding 12 months
- Certification must be performed by the NC Department of Crime Control and Public Safety
- Failure to produce a valid calibration certificate is grounds for dismissal of the speed charge
- Request calibration records immediately through discovery — don't wait for the DA
STATUTORY REFERENCE
G.S. 8-50.2Speed device certification
G.S. 15A-971Motion to suppress / dismiss
G.S. 15-1Limitations period
4th Amend.Unlawful stop / search
G.S. 20-141Speed restrictions
CONSTITUTIONAL CHALLENGES
- Fourth Amendment: stop requires reasonable articulable suspicion based on specific, objective facts
- "Pacing" without radar still requires officer to maintain constant distance — document patrol car calibration
- Anonymous tip stops require corroboration to establish reasonable suspicion
- Sobriety checkpoints must meet specific constitutional guidelines under State v. Rose
- Passenger challenges require standing (were you the driver?)
WHAT GETS GENERATED
- Formal Motion to Dismiss with full case caption
- All selected grounds set out as numbered arguments
- Supporting facts incorporated by reference
- Prayer for relief requesting dismissal with prejudice
- Certificate of Service
- Court-ready PDF — letter size (8.5" × 11")