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Blog · October 22, 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?

A:  Selected as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

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” href=”http://www.avvo.com/legal-answers/if-a-dui-case-is-closed-due-to-police-officers-not-1330313.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-align: right; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/if-a-dui-case-is-closed-due-to-police-officers-not-1330313.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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8 lawyers agreed with this answer

Jasen Bodie Nielsen
Jasen Bodie Nielsen
DUI / DWI Attorney – Santa Barbara, CA
Wade J. Skalsky
Wade J. Skalsky
DUI / DWI Attorney – Glendale, CA
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Daniel Nelson Deasy
Daniel Nelson Deasy
Criminal Defense Attorney – Centennial, CO
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
Michael Lawrence Doyle
Michael Lawrence Doyle
DUI / DWI Attorney – Philadelphia, PA
Jeffrey Michael Kolokoff
Jeffrey Michael Kolokoff
Criminal Defense Attorney – Miami, FL

” href=”http://www.avvo.com/legal-answers/if-a-dui-case-is-closed-due-to-police-officers-not-1330313.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>8

Lawyers agree

1

Best Answer
chosen by asker
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 305-798-2220, **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, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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