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Old 06-07-2004, 11:39 AM
trevor.jones1
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Refiled case


Hi on May 1st I was pulled over for racing on the highway in my town (in PA), which I was not even doing, a friend and i have the same car, one says dodge across the top, the other avenger, so we were just driving around parading our cars. The police officer said he saw us "hauling ass" in the north bound lane towarsds the NY/ PA state line, so when we came back in to town he pulled us over for racing, but he had no speed or anything, my friend was the lead vehicle and I was in the rear, in the same lane, and we were going maybe 70 at the most in a 55, pretty sure we were going like 60. We pled not guilty and requested a trial. I am stationed at Ft Drum NY and I am active duty army, so I had to take leave to come home and go to court, but on June 2 my friend and i showed up and the police officer did not, so the judge dismissed the charges because the complaintant did not show up. I have recieved in the mail another ticket saying the charges have been refiled and i have to plea again, and do the whole thing over. Is this even legal with a summary charge? The other thing is i am going back to iraq for 12-18 months in a little over a week. I know that there is the Soldier and Sailors act, is that still in effect, if so would the statute of limitations be up when i get back, or would that cancel the statute of limitations. Please any info would be greatly appreciated....

Last edited by trevor.jones1; 06-07-2004 at 11:47 AM.
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Old 06-07-2004, 12:51 PM
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"Is this even legal with a summary charge?"
*** Yep. Apparently the officer was able to explain his absence to the satisfaction of the judge and the charges have been 'refiled'.

"The other thing is i am going back to iraq for 12-18 months in a little over a week. I know that there is the Soldier and Sailors act, is that still in effect, if so would the statute of limitations be up when i get back, or would that cancel the statute of limitations."
*** The SSCRA (Sailors and Soldiers CIVIL Relief Act) has no bearing on this CRIMINAL matter.... and neither does the new “Servicemembers Civil Relief Act".
They can be found at:
[url]http://usmilitary.about.com/library/milinfo/sscra/blsscra.htm[/url]
[url]http://usmilitary.about.com/library/milinfo/scra/blscramenu.htm[/url]

As for the SOL (Statute of Limitations), since the case has been filed, there isn't an SOL. I would suggest you make arrangements to contact the court NOW to resolve this before they issue a FTA (Failure to Appear) warrant out for you.
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