Procedure For a Motion to Dismiss

[vidbidness]

My question involves traffic court in the State of: Arizona.

My wife was pulled over the other day and cited for lack of current registration. However, her tags were current, she only did not have a copy of her current registration with her.

The failure to carry proof is a separate violation, for which she was not cited. The cite was for not having the vehicle registered.

Although in many states this would be a simple "fixit", in AZ there's $84 in fees attached to simply PROVING that her tags were in fact current.

My wife wants to plead not guilty and ask the Court to dismiss. I can write a motion to dismiss for her to take in - my question is:

Does it make sense to include the motion to dismiss along with her paperwork entering her plea?

It seems silly to have her to through the entire process of making an appearance at the hearing, simply to point out that the cite was written for a violation that, prima facie, did not occur.

Thanks in advance for all help!

[Mr. Knowitall]

And risking that the charge will be amended to the "failure to carry proof or current registration" citation. Is there a mandatory fine associated with that, as well?

[vidbidness]

Thank you for the response, Mr. Knowitall.

And risking that the charge will be amended to the "failure to carry proof or current registration" citation. Is there a mandatory fine associated with that, as well?

No fine, but $84 in court fees to prove that the vehicle was indeed registered.

I'm concerned about the state amending. In AZ the state may amend at any point up until final judgment is rendered. That's why I'm hesitating. I'm leaning towards having her either

1) Go to the hearing, wait until the officer finishes his testimony, then entering a motion to dismiss at that time, or

2) File a preliminary MSJ, on the basis that the state hasn't stated a claim upon which relief can be granted.

Thoughts?

[vidbidness]

Is my read on this correct? That the state, under my wife's circumstances, may not amend?

Rule 9. Amending the complaint.

(a) A court may amend a civil traffic complaint at any time before
judgment if no additional or different violation is charged and if
substantial rights of the defendant are not prejudiced.

(b) A court may amend a civil traffic complaint to conform to the
evidence adduced at hearing if no additional or different violation is
charged and if substantial rights of the defendant are not prejudiced.