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Background check shows DWI charge was dismissed, but...

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dfw_girl

Member
What is the name of your state? Texas...

I wrecked my car in the state of Arkansas in December of 2004... single car accident. There were several factors surrounding my accident, but the ultimate was the charge of DWI. I spent about 48 hours in a local jail, and finally was able to come home to Texas.

I hired a lawyer, and have been on the court schedule a few times, but each time it gets deferred. I've asked my lawyer about this, and they said that they don't know the exact date when my next scheduled date is and it could be as short as only a one day notice before I'm scheduled to appear.

In the meantime, a background check on me has shown the charge as being dismissed. I have a conf. call with my lawyer this Tuesday, but I'm curious as to why a charge would show as dismissed on a background check if I'm still up for a court date "sometime" in the future to face the charges.

Any help would be appreciated.
 


Curt581

Senior Member
dfw_girl said:
What is the name of your state? Texas...

I wrecked my car in the state of Arkansas in December of 2004... single car accident. There were several factors surrounding my accident, but the ultimate was the charge of DWI. I spent about 48 hours in a local jail, and finally was able to come home to Texas.

I hired a lawyer, and have been on the court schedule a few times, but each time it gets deferred. I've asked my lawyer about this, and they said that they don't know the exact date when my next scheduled date is and it could be as short as only a one day notice before I'm scheduled to appear.

In the meantime, a background check on me has shown the charge as being dismissed. I have a conf. call with my lawyer this Tuesday, but I'm curious as to why a charge would show as dismissed on a background check if I'm still up for a court date "sometime" in the future to face the charges.

Any help would be appreciated.
There could be several reasons, but the most likely is that there was a clerical or scheduling screw-up, and the case was dismissed and re-issued because of it. Happens all the time.
 

dfw_girl

Member
Curt581 said:
There could be several reasons, but the most likely is that there was a clerical or scheduling screw-up, and the case was dismissed and re-issued because of it. Happens all the time.
Thank you for your response, but my question now is then shouldn't the re-issue be on my background check too?

I'm kind of baffled by the whole experience, and by now just wish the whole thing would go away. I did not have a good experience with a total loss car accident in the state of Arkansas, especially in a ripe morning 5 days prior to Christmas :)

I've been reading a few other of the threads, and it appears a DWI case can take some time to come up in an appeals court. And then once you get there, it's their word against yours.

My problem is (cliff notes):

The preliminary breath test in his squad car approx. an hour and a half after the accident (my car was sitting on the side of the road pressed against a gaurdrail for sometime) was, he said, .27 (right). He wrote in his notes that I was beligerant, etc... and that he was the first to arrive on the scene - BS - An ambulance crew was the first, and they were very comforting considering I'd just totalled my car. I must add that this particular squad car was equipped with a camera.

Then at the station, a .27

Then at the hospital, about 3 hours after the accident, another .27. This was a test I requested at the station, but then decided when we (the arresting officer and I) got the hospital I did not agree to because of his "casual" relationships with the nurses and the administering agents at the hospital in Wynn Arkansas, not to mention they kept me waiting in the waiting room until the sun came up. I didn't sign the release form for this particular test to be administered or the results to be available, but when I initially spoke with my attorney, he told me that the blood test registered .27.

I'm not trying to circumvent the system - I would definately plead guilty if I felt I did something wrong, but I wrecked my car, and I'm paying for that. I did go to dinner that night and had some wine - approx. a half a bottle - In Nashville TN, this was 5 hours before fact. I had taken some benedryl for an infected cat bite earlier in the day, blah blah blah. Plus I was on Paxil at the time.

P.S. I had a bottle of Vodka in the car, what's to say I didn't just suck on that before SOMEONE stopped??? If you're stuck on the side of the road, can't open the door to your car, and can't find your cell, what would you do???
 
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