Following Too Closely - Need To File Motion To Dismiss
I was charged with Following too closely, two weeks after an alleged collision.
The police was called at the scene, asked us if we exchanged information and then told us we were free to go. Two weeks later a summons was issued to me for following to closely. Apparently the police took statements from the people whose vehicle I allegedly hit. There is no damage at all, nothing supports a collision. There are many errors in the police report, accident report, etc. They got licence plates, addresses, insurance information completely wrong. Based on that I was advised to file a motion to dismiss.
My question is: WHEN and HOW can I request this motion to dismiss? Do I have to do it in court, in front of the judge, BEFORE a trial date is set? Or do I have to do it ON THE TRIAL DATE, just before a plea is made? Are there any forms to be filed?