Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
This is a continuing thread of my previous thread. I had my first preliminary hearing and the cop didn't show so the judge dismissed the case. Few weeks later the cop refiled and I will have to go in again. A few friends of mine advised me that I can request the case dismissed because I will have the same judge who dismissed me and the cop didn't show and I was there in good faith bla bla bla...I live in PA Bucks County if it matters...any input? Thank you.
Last edited by tssmith528; 08-24-2010 at 01:23 PM..
This is a continuing thread of my previous thread. I had my first preliminary hearing and the cop didn't show so the judge dismissed the case. Few weeks later the cop refiled and I will have to go in again. A few friends of mine advised me that I can request the case dismissed because I will have the same judge who dismissed me and the cop didn't show and I was there in good faith bla bla bla...I live in PA Bucks County if it matters...any input? Thank you.
I was a PA Trooper many years ago in a former life and it used to be if the cop didn't show up at the preliminary hearing in a reasonable amount of time, the distict justice indeed threw out the case. Things may have changed but as I remember the charges couldn't be refiled again because you can not be charged twice for the came offense. Call the district justice's office and ask his/her secretary. They are down to earth girls and will tell you what the deal is. Also, if you got a DUI you need a lawyer at the preliminary hearing unless you plan to plead guilty. A lawyer should have your answer on the refiled charges also and would arge to have them thrown out. Just my two cents worth.
The case was dismissed not throw out on evidence or showing. The proseactuing attroeny can refile because you were never tried ;so its not double jeopardy. I reallt doubt thew prosecutor is goign to talk to a defendent ;so go thru your attorney.The prelimary hearings is just that where you will bascially plea and not much else really.Bascailly if the prosecutiing attorney shoes cause the court will remand the case for trial after your plera. Its not a speeding case where the proscecuting attorney drops so easily.
I was a PA Trooper many years ago in a former life and it used to be if the cop didn't show up at the preliminary hearing in a reasonable amount of time, the distict justice indeed threw out the case. Things may have changed but as I remember the charges couldn't be refiled again because you can not be charged twice for the came offense. Call the district justice's office and ask his/her secretary. They are down to earth girls and will tell you what the deal is. Also, if you got a DUI you need a lawyer at the preliminary hearing unless you plan to plead guilty. A lawyer should have your answer on the refiled charges also and would arge to have them thrown out. Just my two cents worth.
what do you mean I can not be charged twice for the same offense? if i get pulled over again for dui (which i won't do again) it's still the same offense. can you explain?
what do you mean I can not be charged twice for the same offense? if i get pulled over again for dui (which i won't do again) it's still the same offense. can you explain?
You can't be re-arrested (issued another citation) for the offense, however it is possible the assistant district attorney could bring the case before the judge again. I am not sure if you are in Philly or not, cause things are handled differently there, but you should have gone before a district justice for your prelim to see if there was enough evidence to be tried in regular court. Call the DJ's office and ask his/her secretary if they will accept the charges against you a second time. When I was doing the job and didn't show up for a court date, it was my ass that got chewed and it was a crapshoot 50/50 chance I could refile. Several things will enter into if they refile or not. What the cops supervisor says, the circumstances of your DUI (wreck, injury etc) and if the ada is hungry to prosucute DUI cases in your area.
If they refile and the charges are accepted, unless you plan to plead guilty, you need a lawyer. Most likely you will lose the case anyway, regardless of if you took a breathalizer test or blood test. If refused the breathalizer and they took blood, you are screwed. They will bring the nurse who drew blood and lab tech into court and your done. If you took the breathalizer, the only thing you could bring into question is when the last time it was calibrated was, and odds are against you it has been calibrated within the specified time frame and screwed again.
I have seen a couple DUI's walk not guilty by selecting a jury of manual laborers and they let the people off. Not a sure thing, but you get to select your jury....try to pick the ones who look like drinkers for the best shot at sympathy. I have seen ada's super pissed when they let people walk because they picked the "right" jury. A lawyer will know what to do.
But, that being said, odds are you'll not make out well unless it was unusual circumstances.
You can't be re-arrested (issued another citation) for the offense, however it is possible the assistant district attorney could bring the case before the judge again. I am not sure if you are in Philly or not, cause things are handled differently there, but you should have gone before a district justice for your prelim to see if there was enough evidence to be tried in regular court. Call the DJ's office and ask his/her secretary if they will accept the charges against you a second time. When I was doing the job and didn't show up for a court date, it was my ass that got chewed and it was a crapshoot 50/50 chance I could refile. Several things will enter into if they refile or not. What the cops supervisor says, the circumstances of your DUI (wreck, injury etc) and if the ada is hungry to prosucute DUI cases in your area.
If they refile and the charges are accepted, unless you plan to plead guilty, you need a lawyer. Most likely you will lose the case anyway, regardless of if you took a breathalizer test or blood test. If refused the breathalizer and they took blood, you are screwed. They will bring the nurse who drew blood and lab tech into court and your done. If you took the breathalizer, the only thing you could bring into question is when the last time it was calibrated was, and odds are against you it has been calibrated within the specified time frame and screwed again.
I have seen a couple DUI's walk not guilty by selecting a jury of manual laborers and they let the people off. Not a sure thing, but you get to select your jury....try to pick the ones who look like drinkers for the best shot at sympathy. I have seen ada's super pissed when they let people walk because they picked the "right" jury. A lawyer will know what to do.
But, that being said, odds are you'll not make out well unless it was unusual circumstances.
I was in near New Hope around Dublin..."I have seen a couple DUI's walk not guilty by selecting a jury of manual laborers and they let the people off. Not a sure thing, but you get to select your jury....try to pick the ones who look like drinkers for the best shot at sympathy. I have seen ada's super pissed when they let people walk because they picked the "right" jury. A lawyer will know what to do." Not sure what you mean here....are you talking about a court if I plead not guilty? Sorry, I have never been in this situations before...Thank you for your help...Oh....and the judge said in Bucks County they have a right to refile
The case was dismissed not throw out on evidence or showing. The proseactuing attroeny can refile because you were never tried ;so its not double jeopardy. I reallt doubt thew prosecutor is goign to talk to a defendent ;so go thru your attorney.The prelimary hearings is just that where you will bascially plea and not much else really.Bascailly if the prosecutiing attorney shoes cause the court will remand the case for trial after your plera. Its not a speeding case where the proscecuting attorney drops so easily.
Whatever you do, don't listen to this guy or you will be really confused!
I was in near New Hope around Dublin..."I have seen a couple DUI's walk not guilty by selecting a jury of manual laborers and they let the people off. Not a sure thing, but you get to select your jury....try to pick the ones who look like drinkers for the best shot at sympathy. I have seen ada's super pissed when they let people walk because they picked the "right" jury. A lawyer will know what to do." Not sure what you mean here....are you talking about a court if I plead not guilty? Sorry, I have never been in this situations before...Thank you for your help...Oh....and the judge said in Bucks County they have a right to refile
If you plead not guilty at the preliminary hearing, you will get a trial date at which time you will select a jury and go to trial. You will either need to take a public defender (worst choice) or hire a lawyer with DUI experience. DO NOT try to defend yourself. The prospective jurors fill out a survey and you get to choose the 12 you want out of a jury pool. You would probably save yourself a lot of money and aggrevation by pleading guilty, because unless you are truly innocent, you will need a lot of luck to be found not guilty, even with the "right" jury. Ask if the have a program such as ARD if you plead guilty and stay out of trouble and complete probation where they will clear your record. It's the way I would go.
So many innocent people are killed and maimed by drunk drivers in my city that I dont have any sympathy for those convicted of DUI. My recommendation is that, if you were driving drunk, you plead guilty and accept the responsibility for your actions. Let it be a lesson learned and thank the good Lord that you didnt hurt anyone.
So many innocent people are killed and maimed by drunk drivers in my city that I dont have any sympathy for those convicted of DUI. My recommendation is that, if you were driving drunk, you plead guilty and accept the responsibility for your actions. Let it be a lesson learned and thank the good Lord that you didnt hurt anyone.
What ever you do REALLY don't follow this guys advice or you will do the maximum sentence possible.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
re
