i have a lawyerin' question...

[yermom]

let's say someone gets pulled over for trying to avoid a DUI checkpoint and fails the sobriety test

they lawyer up and for various reasons the case is thrown out


now like two years later they reopen the case

any ideas on the mechanisms at work here?

[Okla-homey]

let's say someone gets pulled over for trying to avoid a DUI checkpoint and fails the sobriety test

they lawyer up and for various reasons the case is thrown out


now like two years later they reopen the case

any ideas on the mechanisms at work here?

I dunno. But if you received a deferred sentence for resisting arrest and being DUI two years ago because it was your first time, but then screwed-up again, the the deferred sentence is often vacated and you could be required to serve the sentence as originally ordered.

[yermom]

as far as i know said person did not resist arrest or get into trouble again in that time, that i remember... and this was their first

i don't know/remember all the details though. i've been drunk since then :D

[olevetonahill]

You er that someone should get the same Lawyer they used last time .

[btk108]

Learn this line...."I cannot recall that"

[yermom]

You er that someone should get the same Lawyer they used last time .

because they did such a great job before? :D

(this is not me)

[saucysoonergal]

If it was dismissed without prejudice the DA is free to refile within the statute of limitations period.

[C&CDean]

So what is the statute of limitations on a DUI?

[OUHOMER]

Sure seems like they would have better things to do, than go back on a 2 year old DUI case. Unless there was a wreck or something, or somebody got hurt

[yermom]

i guess it was part of their V-Day fund raising effort :D

it sounds like a pretty good scam between lawyers though.

[olevetonahill]

because they did such a great job before? :D

(this is not me)

Exactly , Was the Case dismissed? Simply Dropped? or did you er whoever plead out to a deferred and then Not do something in the agreement?

[yermom]

dismissed without prejudice, i guess is the deal.

what is the point in dismissing if they can just reopen the case?

getting to pay a lawyer twice is pretty crappy

of course, so is driving drunk...

[C&CDean]

So knock it off!

[OhU1]

Actions get dismissed for various reasons. Lack of evidence being one. For example a person gets arrested for murder but a key witness becomes non-cooperative and changes his story. The murder charge may be dismissed without prejudice because there has been no final finding or ruling on the case. Let's say a year later the murder weapon is found - the D.A. may have enough evidence to re-file the case and can proceed without the witness he had to rely on before. Of course murder has no SOL. I've never heard of a DUI getting re-filed 2 years later.

[saucysoonergal]

Looks like three years in Oklahoma. See, 22 O.S.Supp. 2010 §152 (H).

[C&CDean]

You had to look it up? What kinda lawyerin' yainch are ya anyhow?:P

[saucysoonergal]

I don't do criminal law no mo.

[C&CDean]

Heh. I never thought of DUI as criminal law, but I guess it is. Yermom is a criminal, yermom is a criminal.

[saucysoonergal]

Just look at him, you can tell. ;)

[C&CDean]

Criminal hippy.

That sounds like a perfect name for the all girl punk band...

[OhU1]

Criminal hippy.

That sounds like a perfect name for the all girl punk band...

Criminal Hippy: That made me think of "Dumpster Muffin" - a shrill dirty new age hippie who was one of the 2008 "tree sitters" trying to block a construction project at Berkeley Cal. at the University of Cal.

These dirty hippies lived in the trees for months singing, crapping, and carrying on like a tribe of self righteous monkeys.

[olevetonahill]

I don't do criminal law no mo.

How about Boot leggers would ya defend Me er rather a Bootlegger ;)

[saucysoonergal]

Howard, I would defend you come hell or high water! ;)

[olevetonahill]

dismissed without prejudice, i guess is the deal.

what is the point in dismissing if they can just reopen the case?

getting to pay a lawyer twice is pretty crappy

of course, so is driving drunk...

I dont see how they could have come up with More evidence 2 years later tho .

[olevetonahill]

Howard, I would defend you come hell or high water! ;)

:cool: :cool: :cool: :cool: :cool: :cool: :cool: :D
Ill keep that in mind if the Revunoors ever come to the Hill again :O

[Breadburner]

Sounds like a money grab to me.....Which is what DUI's are all about anyway.....

[olevetonahill]

Let me ax ya this , Did said Person lose their License? Ima bet yes , Did they do the DUI school and Victims Impact panel? If not that could trigger a warrant.

[TUSooner]

You had to look it up? What kinda lawyerin' yainch are ya anyhow?:P

The best kind. It's the ones that DON'T look it up that'll get you skarewed. ;)

[jkjsooner]

Sounds like a money grab to me.....Which is what DUI's are all about anyway.....

Speaking of money grab, have you guys noticed states doing this a lot lately?

I just had the State of Virginia mail me because I didn't file a 2008 Virginia income tax. The problem is I didn't move to Virginia until 2009. Over the last 15 years I've moved from MD -> VA -> DC -> VA -> NC. I've never once had a state try to get money from me for a year before I moved there.

I was a little pissed off about it because they didn't even include a stamp so I had to pay money out of my own pocket to tell them I didn't live in VA in 2008.

I've had a couple of incidents similar to this lately. It seems the states and local communities are hard up to get whatever they can.

[Oldnslo]

ah. looks like all the good posts have been taken.

The Friday Morning Meeting took longer than usual. 3 year SOL-check; Dismissal without prejudice-check; Money grab-check.

payment to lawyer-check.

[olevetonahill]

Checks in the Mail- Check

[saucysoonergal]

payment to lawyer-check.


I would rather have cash. tia.

[yermom]

Heh. I never thought of DUI as criminal law, but I guess it is. Yermom is a criminal, yermom is a criminal.

i'm a saint, i tell you.

and this is so not me. i'm basically the permanent DD.

[olevetonahill]

I would rather have cash. tia.

Heh, My Lawyer Loves my Checks, hell I think hes used the ones from the last few years to Buy a New Beemer :eek:

[2121Sooner]

Quit drinking and driving.


The end.

[yermom]

Let me ax ya this , Did said Person lose their License? Ima bet yes , Did they do the DUI school and Victims Impact panel? If not that could trigger a warrant.

the charge was dismissed so they didn't have to do any of that at the time.

as for more evidence, i guess the officers decided to become available to testify? they didn't show before, apparently.

[olevetonahill]

the charge was dismissed so they didn't have to do any of that at the time.

as for more evidence, i guess the officers decided to become available to testify? they didn't show before, apparently.

Yea but they still lost their License, Right? If so they may not have done somethin little in gettin em reinstated
This happened to me on My DUI. Got a deferred one year, and Dint do the Impact panel Nor the DUI school with in 6 months and they issued a warrant

No one told me I had a Time limit on gettin that done . Its all settled now and Im good. But it was a hassle