Last month, Mel Gibson’s attorney filed a motion to dismiss Gibson’s no contest plea to his 2006 DUI charge. Gibson’s 2006 DUI arrest was memorable because of the anti-Semitic comments made to the police officers that arrested him. Gibson’s sentence for the DUI was three years of probation, fines of over $1,300, 11 months of Alcoholics Anonymous and three months of an alcohol abuse program.
A dismissal motion may be filed by the defendant if all probation conditions are met (California Penal Code section 1203.4). After filing the motion, there will be a hearing where Gibson will plead not guilty. After the plea, the judge can then decide if the charges will be dismissed or not. The judge looks at the fulfillment of probation conditions, the defendant’s progress and his criminal history, among other things, in determining whether to dismiss the charges or not. The hearing will occur sometime this week.