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charges dropped and could be refiled?

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L

lostnkansas

Guest
What is the name of your state? Kansas

Hello. I was charged with dui and should have been charged with driving on a revoked license as well. I was never actually pulled over but was followed all over town and then they shouted at me from their cars when I pulled into my driveway. I wasn't drunk but had honestly drank two beers 30 min prior to this. I refused the only test offered which was a blood test and went to jail. Since then I have been to court twice and was finally told by the judge that the there was a problem with my case and that they would contact me at some point. My bond was dropped at that time and this was two weeks ago and have heard nothing. Two days ago my gf spoke with a friend of hers who works in the DA's office and was told that the charges had been dropped but could be refiled at some point in the future. From what I've heard the arresting officer tends to mess his cases up alot. Aside from the fact I made some bad choices I was wondering if there was a time limit for them to refile charges and other than the obvious staying out of trouble, can anyone tell me anything on this matter? Thanks in advance for any replies regarding the legal considerations.
 


F

finally legal

Guest
if your case was dismissed it was either with or without predjudice, which simply means they give their self the option of refiling the charges against you. and most states allow up to one year for such to happen, look at it this way, if they didn't follow through the first time due to their own screw up, then your most likley in the clear, you should make sure you have no further brushes with the law, if you do they may just go ahead and refile against you
 
C

CombatTN88

Guest
Just wanted to give you an advice for your next time. Just remember it takes one hour to get rid of one beer, two hours to get rid of two beers, and so on. Two beers in 30 minutes is too much (even if you feel sober). The cop doesn't care if you just drink little. The cop only cares about BUST quotes...

Regards, Combat
 
T

talianna

Guest
Combat, you do realize that different body sizes and types absorb alcohol and digest alcohol at different speeds?
Your "scale" isn't going to mean much when someone gets stopped. I can see them saying "Hey, that Combat guy on the legal forum I was just visiting said I'd be all right!" and being laughed at.

You're promoting irresponsible behavior by giving this little formula that may work for you, but not for everyone. Even beers have different amounts of alcohol content.

So way to go promoting d.u.i.'s!

Best advice, if you've had even one beer, plan on someone who didn't have anything alcoholic or any recreational pharmaceuticals doing the driving for the evening. Much safer for all of us, and cheaper in the long run, even if you have to call a cab. Just think of the legal fees you don't have to pay!
 
B

bini

Guest
Hi. I am also from Kansas

You stated you went to court twice and the judge told you that there was a problem with your case. Did the judge dismiss your case ? "no". Did the judge drop your case ? "no". The judge said that they will contact you at a later date. The fact that you feel your case was dropped was through nothing but pure gossip. When in fact your case was never dropped because it hasn't actually been filed yet.

In answer to your question the state of Kansas has two years to file such charges. If they do not then the charges are dropped/dismissed.

Also if your case is filed and you go to court and the judge directly tells you the charges are dismissed. That court cannot refile against you but a higher court can.

Bottom line is you have two years, and don't believe what you hear through the grapevine only believe what the judge personally tells you.

Stay out of trouble and good luck to you

Bini!!!!
 

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