Speeding Ticket: Dismissed Without Prejudice

[23Liz]

What is the name of your state (only U.S. law)? Hawaii

My boyfriend got a speeding ticket in November 2008. We sent the check to pay right away and I noticed that it was not cashed. I just checked the records and the ticket is listed as "Dismissed Without Prejudice." What does this mean?

I have the money sitting in my account....can I use this money? What happened to my check?

Thank you so much for any help you can give me. I have tried searching other websites and have gotten nowhere!

liz

 

[I_Got_Banned]

What is the name of your state (only U.S. law)? Hawaii

My boyfriend got a speeding ticket in November 2008. We sent the check to pay right away and I noticed that it was not cashed. I just checked the records and the ticket is listed as "Dismissed Without Prejudice." What does this mean?

It means that the judge dismissed the citation based on the fact that an important element for him/her to make a fair and impartial decision (as if there is such a thing) was missing... So he dismisses "without prejudice" leaving the opportunity for charges to be re-filed at a later date.

What happened to my check?

My guess is that it was disposed of/destroyed. But I also would have guessed they would have mailed it back to you. Contact the court's traffic clerk for a more definitive answer about the check!

 

[23Liz]

?

Thanks for the reply!

So does this mean that his ticket is off his record? Can they file the charges later? Is he free and clear?

Thanks again!

 

[I_Got_Banned]

So does this mean that his ticket is off his record?

As if it never existed!

Can they file the charges later?

Uhm....

You might remember not so long ago, we discussed the "without prejudice" part of the citation status. That part has not changed. Whether they do or not depends upon the element(s) that the judge felt was missing... It also depends upon how serious a violation he was charged with... etc.

Is he free and clear?

Yes, he has been "cleared" of the charge he was cited for. As to whether he's "free", I'm gonna leave it up to him to determine his oown self worth...