Mel Gibson is hoping to put his DUI arrest in July of 2006 behind him.
According to a Superior Court Minute Order obtained by Access Hollywood, on September 21, 2009, Gibson's attorney filed a Motion to Dismiss his no contest plea to driving under the influence, stemming from his very public arrest on July 28, 2006.
Gibson's attorney cited penal code 1203.4 in the dismissal motion, a code which allows a defendant who has fulfilled the conditions of their probation to change their plea to not guilty allowing the judge, if he or she chooses, to "dismiss the accusations or information against the defendant," the code reads.
Gibson originally pleaded no contest to a driving under the influence charge as part of a plea deal. He was sentenced to three years of probation, fined more than $1,300 and was ordered to attended more than 11 months of Alcoholics Anonymous meetings. He also had to enroll in an alcohol abuse program for three months.
A hearing on the dismissal motion has been set October 6 in a Malibu courthouse.
Gibson's 2006 arrest made headlines not just for his DUI charge but because of an anti-Semitic rant Gibson engaged in, something he later apologized for.