Tuesday, October 21, 2014

DUI / DUI Accident / State Nolle Pros / Dismissal / Re-File Charges / Time to Re-File Charges / Statute of Limitations / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    If a DUI case is closed due to police officers not showing up for court, can the case be re-opened?  It seems surprising a DUI charge can be dismissed, due to the officers not showing up for court, especially if the DUI is not the first offense. Getting conflicting information about re-opening a case. If the case can be re-opened, how is this accomplished and is there a statute of limitations?

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Licensed in FL
Michael Adam Haber


Contributor Level 20


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Answered Yes and yes. If the state nolle pro'd the case then they can re-file it. Generally, if it was a simple 1st then 1 year. If it was a 2nd or an accident then 2 years. There are legal hoops that they have to jump through to get personal jurisdiction. You should talk to your lawyer and get solid answers based upon her/his representation of you in your case.
I hope that I have been helpful in answering your question.

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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