amt of time to file a dui charge

If someone was arrested for a dwi and the judge dropped the charges but the police officer who made the arrest still wants to pursue the charge. First can he do this? Second, how long from the time of the arrest does he have to make the charges?

If the judge dropped the charges and the case was dismissed, that's it.

HomeGuru said:

If the judge dropped the charges and the case was dismissed, that's it.

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My response:

Perhaps, I believe, our writer is using the wrong terminology. I think what our writer is trying to explain is that the D.A. failed to show sufficient evidence at the preliminary hearing to warrant a trial, and the judge has dismissed the action "without prejudice." Since there was no trial, "double jeopardy" does not come into play. Therefore, the officer, in conjunction with the D.A. can, at a later time, and when there's "sufficient evidence" found, re-file the action and potentially bring the case to trial.

At least, this is my take on our writer's post.

IAAL

Insufficient evidence at a prelimminary hearing is not a dismissal. The odds are,that unless the cop only made a technical error in paperwork, or forgot to bring something with him,he will not re-file. It does NOT mean he cannot re-file. He can re-file in a N.Y. minute,as long as he has "just cause" to do so.
If the case goes to a court,it looks bad for the prosecution to have this mentioned in court,but it also does not mean by a damn sight,that your going to walk away either.
I have a friend doing 3 years in State prison,after being tried three times.He really was guilty as sin,and everyone knew it,but it was technical crap that kept getting him off the hook. Three times being the charm,the prosecution finally nailed him.

I received a dui a little over a year ago and my charges were dismissed because the police officer did not show up. My attorney told the DA that we could postpone to give the officer a chance to show up to court at a later date. The DA in response to this said that they did not want the officer in the court room or in the town. (but that is another story). I was not the only one that got charges dismissed though. When this other person got their charges dismissed a higher court picked up the charges. I have also been told that the DA has 2 years to refile against me. I do not feel this will happen because in my case it came down to my word against the police officers (there was no video, tape recorder or any test given (not even a field sobriety test). Since they will not let the officer back into the court room There goes their case against me. I guess it all boils down to a waiting game. I do not know when the 2 years starts though (when you were arrested or when you went to court.) This of course is a Kansas law so you might want to ask around in your state and see how long the judicial system has to bring back up a case that was dismissed. Depending on your circumstance if your case is refiled it might have to be refiled with a higher court. It sounds to me that the officer is just being a blow hard so if I was you I would not lose any sleep over it. I feel you would have had to have done something pretty dramatic to have them override the judge and refile against you. So count your blessings and have a very "MERRY CHRISTMAS"

Good luck to you and yours.
Bini!