Nolle Prosequi in the State of Conneticut

[quesobar]

Around 8 months ago, I was tried for reckless driving in the State of Connecticut. However, due to my previously perfect record and future plans (enrolled in college, no previous crimes/complaints, good letters of recommendation), the case was declared nolle prosequi. There was sufficient evidence to prosecute me, however, the state attorney denied to do so on the basis that it would impact my life in an unfair way (it would be a misdemeanor and I would have a criminal record, which did not match my current life plans).

I was told by my lawyer that the case will remain floating for 13 months, upon which it will be expunged. I know 20 days after the case, the clerk is not allowed to disclose the existence of the case. However, I was wondering what exactly the Nolle Prosequi entailed--can I start driving again, or do I risk being tried for the same crime if I recieve a lesser ticket?

I appreciate any advice.

 

[quincy]

Around 8 months ago, I was tried for reckless driving in the State of Connecticut. However, due to my previously perfect record and future plans (enrolled in college, no previous crimes/complaints, good letters of recommendation), the case was declared nolle prosequi. There was sufficient evidence to prosecute me, however, the state attorney denied to do so on the basis that it would impact my life in an unfair way (it would be a misdemeanor and I would have a criminal record, which did not match my current life plans).

I was told by my lawyer that the case will remain floating for 13 months, upon which it will be expunged. I know 20 days after the case, the clerk is not allowed to disclose the existence of the case. However, I was wondering what exactly the Nolle Prosequi entailed--can I start driving again, or do I risk being tried for the same crime if I recieve a lesser ticket?

I appreciate any advice.

What "nolle prosequi" means is that the plaintiff in a case (civil or criminal) has formally declared that he/she/the state will no longer legally pursue the matter. It is a voluntary withdrawal by the plaintiff of a complaint originally filed against the defendant. A nolle prosequi is most commonly entered by a prosecutor in a criminal action, as was apparently the case with your reckless driving charge.

You can drive again (unless there is some other restriction placed on your driving privileges). However, you would be very smart to not violate another law during the next 13 months (or, for that matter, ever again ), while you are waiting for the erasure/expungement of all records pertaining to the reckless driving case.

The following is a link to a Connecticut case from November of 2013, with information on suits voluntarily withdrawn/dismissed by a plaintiff (nolle prosequi), the laws of Connecticut that will apply (Gen Stat §54-56 and Gen Stat §54-142), and enhanced sentencing for subsequent offenses.

State of Connecticut v Seth William Apt: http://caselaw.findlaw.com/ct-court-of-appeals/1648571.html