A motion to dismiss the indictment is one of those motions that should be filed more often but it isn’t. Yes its difficult to win, but its the one motion that can be filed in any case. Just like the lottery, you have to be in it to win it. The starting point to consider filing this motion is to review the grand jury CD. Thanks to modern technology, the days of paying $100 for grand jury transcript and then waiting 30 days to get it are long gone. Today, the grand jury CD is easily obtainable and in some counties, they just give it to you whether you want it or not! These CDs should play in a car CD player and most presentations are much less than an hour in length. Therefore, there is no reason not to listen to them.
Of course, the more helpful CD will be where the police officer gets to talk freely. A more skilled prosecutor which essentially cross examine the officer in an effort to get only yes or no questions. This makes the testimony less useful for trial.