What should I expect?

[montana_23]

Ok, I was pulled over for driving under the influence in Oregon. I am from Montana and not sure how that will affect the situation. Anyway, I was given a sobriety test and passed everything with flying colors except the HGN eye test. After that I was arrested and taken to the station where I passed the breathalyzer test. I was then eventually released after being put into the system and assigned a court hearing. I went to the hearing where the case was "Dismissed/No Complaint" and then given a paper saying "No criminal charges have been filed against you at this time" and sent on my way. The paper also made note to call a number after at least a week to find out if a criminal offense will be charged against me. Finally, it stated that "it is possible that no accusatory instrument will ever be filed against you. However, in some cases the DA may file an accusatory instrument at a later time."

What should I expect out of all of this? Since I passed the breathalyzer test will I still get charged or will the charges get dropped? If they decide to press charges then what will happen next and how should I proceed? What determines whether or not they decide to take action against me in this situation.

Thanks in advance for any help.

 

[dave33]

It seems unlikely that you will be charged. Not much you can do now anyway. Maybe call the # from time to time if it is weighing in your mind. goodluck.

 

[montana_23]

Thanks for the input.

What i'm interested in is what might cause them to pursue this further? If the HGN test was the only thing of concern here would they still find that ground to take action? And why would that be enough to arrest a person to begin with?

 

[semblance]

For reference: IANAL.

I'm gonna weigh in here FWIW...

Chances are what they told you is standard boilerplate i.e., charges are dismissed but charges may be brought at a later date. I am guessing they do this as a matter of procedure--but it would undoubtedly apply as "fair warning" (perhaps due to some prior verdict at one time) to any suspected perp that he's still a "perp" in the eyes of police IF new evidence should come to light or the DA is ready to turn screws.

I'm ALSO guessing that the DA would only bring you in if you were some sort of habitual or repeat (local) offender. My opinion is that the courts will look to lock up people seen as "community dangers" on whatever charges they can GET to stick, not necessarily what they've actually done. IMHO this is what is behind those seemingly outsized prison sentences for people who receive maximum sentences for petty crimes. Their rap sheet (which lists arrests as well as convictions) is at the judge's purview and he will use it as a reference guide to the CHARACTER of said defendant in trial!

At any rate: I wouldn't worry about it. Like I said it's probably something they HAVE to say (a la Miranda rights), not necessarily a threat of future action. You being an out-of-state resident would similarly preclude action based on purely civil grounds, unless you were some sort of "frequent visitor" to that part of Oregon and you were seen as someone whom is a "perp", i.e. some sort of illicit substance-runner or the like.

Again, IANAL, or law enforcement. This is purely informed opinion--nothing else.

 

[FresnoDUILawyer]

Going Though The Motions

Sound to me like they are just going through the motions of paper work.
The case was dropped, unless there's other charges you have not stated.

 

[montana_23]

So if the charges have been "dropped" for now, how does that affect my record and/or my insurance? If at all?