At a glance this looks like a subject matter jurisdiction objection (as distinct from personal jurisdiction), which is not waivable and can be raised at any time or sua sponte--so you can keep it in your pocket forever and raise it whenever you're desperate, which seems to be the case here.
Edit: Looked at the motion, and that's what this is. It doesn't necessarily mean the motion is meritorious, but it's timely.
I’m not going to pretend that if I were facing jail time and my lawyer said “this is another legal thing that can be done in the hopes of avoiding jail time” that I would say “I broke the law, I should just go to jail and serve my time.” I’d probably do the thing my lawyer said was an option.