DUI Court Case Dis-missed, then Re-Opened? WTF?

Here is the deal, my mother got caught at a checkpoint last year in March 2010 while driving under the influence of alcohol. The case carried on all the way to Junes 25 2011, and as a witness myself, the case was dis-missed due to a police officer no show, my mothers lawyer also claimed what his ears heard, dis-missed! Well, July 12, 2011, my mother was issued a warrant for her arrest! There was no other court date summons or paper work, nothing in the mail or even a phone call! Go directly to jail, Do not pass go!!!! The lawyer was contacted and he spoke to the district attorney, which the attorney claims that cases can be re-opened after dis-missal, bull#hit!!!!! SO, my question is to you the people, is this LEGAL? I have been waiting for corruption to come to me, now i have my chance to fight!!!

reply to post by AOA2012



It really depends how the case was dismissed (USA only).

If it was dismissed without prejudice.

The case is subject to be reopened.

reply to post by AOA2012


I have no sympathy for drink drivers, I hate them, all of them.

Once you have seen a child’s limp and disfigured corps being scraped off the pavement outside your front yard where your kids play because of a stupid drink driver you will know what I mean.

I think all drink drivers should be sentenced to jail for a good few years, and never aloud behind the wheel of a car again. So yes I think your mother should go directly to jail, if she is caught drink driving and there is absolute proof what’s the point in bothering with the expense of a trial?

How long did she get?

reply to post by OtherSideOfTheCoin


Hate is a strong word friend, and it was a one time thing, she doesnt drive drunk ever, she just did not have a way to get home. She was sentenced 10 days jail, 1 year no license, AA and 1 year probation, but if you knew my mother, one would know that short period could ruin everything for her. She will lose her job, she barely has money to pay bills, let alone 5000$ for the damn alcoholics anonymous s*it.

that short period could ruin everything for her. She will lose her job, she barely has money to pay bills, let alone 5000$ for the damn alcoholics anonymous s*it.

no sympathy on my end. That "short period" of her driving could have taken someone's LIFE. Having no way home is not an excuse to drink and drive. I'm glad it was reopened and she was penalized for her own irresponsibility.

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reply to post by OtherSideOfTheCoin


Wow way to be open about you feelings there bud. First he did not tell you the situation the is a big difference driving with a BAC of .081 and .160 both legally intoxicated levels under law. I can achieve a .081 by drinking 3 drinks in 2 hours, beer, wine, shots it does not matter. Cases with low BAC often receive lighter sentences. Most states DUI-1= no jail, a fine+ classes lose license for 30-90 days, DUI-2= max 180 days most get 10days+fine and classes, lose license 1 year DUI-3= max 1 year in the state pen and $1000 fine, lose license for 3 years. Judges lean heavily on the BAC level in considering sentencing.

reply to post by AOA2012


Believe me, hate is not too strong a word

Even if it’s just a onetime thing it does not matter, it only takes a onetime drink driver to go drink driving and cause a car crash that wipes out an entire family. In my opinion 10 days is a joke considering the risk she was prepared to put her fellow road users at and I don’t think she or any other drink driver should ever be aloud behind the wheel of a car. If she knew she was going to have to drive home, then don’t drink, it’s really not a difficult concept to understand.

Sorry dude but I don’t have any sympathy for her situation.

reply to post by ParanoidAmerican


If she is working they should allow her work release or weekends to serve her time. Also should be able to find an AA group that is free, and counseling that is discounted. I charge $45 for an hour session (most often they are required 6 meetings), and $175 for the DUI classes for 4 three hour classes.

Originally posted by AOA2012
It was not dismissed without prejudice, it was just plain dismissed, case freakin' closed. The court did not even notify her of anything, just go straight to jail after we tricked you in believing you were free, HA haha haahaha! F**kers!

Just plain dismissed...

Means without prejudice.

It's probably a different District Attorney.

She needs a lawyer...

reply to post by AOA2012


I want to ask, why the hell everyone is focusing on what MIGHT HAVE happened but it DID NOT? NO ONE WAS KILLED SO THERE IS NO REASON TO BE HATING!!!! I just want some simple answers but people seem to insist on spewing their HATRED all over my thread. I am trying to spot potential corruption in the system here in Virginia, so please, lighten up, DAMN!!!

Originally posted by AOA2012
reply to post by AOA2012

 

I want to ask, why the hell everyone is focusing on what MIGHT HAVE happened but it DID NOT? NO ONE WAS KILLED SO THERE IS NO REASON TO BE HATING!!!! I just want some simple answers but people seem to insist on spewing their HATRED all over my thread. I am trying to spot potential corruption in the system here in Virginia, so please, lighten up, DAMN!!!

Please stop yelling at members.
Best thing you can do....contact a lawyer. Nobody here can help you because they do not know the specifics of the case including BOTH sides to the story. What the judge said. What the cop said. The law in your area. Etc etc etc etc.. That is not really fair to the members.

So stop yelling at members and contact a lawyer.

The Mod is right your best option is contacting a lawyer even if it is a public defender (PD will give you advice over the phone about what to do) Lawyers will charge you an arm and a leg but that is the catch pay the state or pay a lawyer. I am sorry for your moms situation man if I lived anywhere near you I would help with her classes for a discounted rate I am sure there are people just like me there though just shop around and try to get legal advice about it. Feel free to PM me if you have any specific questions man I am more than happy to help. As I said though 10 days is a common sentence and she should be allowed work release at the very least.

Sure, it is legal. Cases are re-opened for one reason or another.

If she was found not guilty though, it would be a lot harder to open up. Double Jeopardy and all.

I do believe, anyway.

Get her a good lawyer. If the cop shows up now.... So be it...

So, you're in Virginia, huh?
Maybe your mom can use this guy's attorney. He got off scott free and killed people!
www.abovetopsecret.com...

reply to post by AOA2012

I want to ask, why the hell everyone is focusing on what MIGHT HAVE happened but it DID NOT? NO ONE WAS KILLED SO THERE IS NO REASON TO BE HATING!!!!

It’s not about what could have happened, it’s about the risk your mother knowingly put other law abiding road users at and other members of the public. Drink driving is fundamentally wrong, it is right that she should go to prison (10 days is a joke), she broke the law and therefore much pay face justice. Drink driving is stupid, it puts others a unnecessary risk and as a result people get killed, I have seen this first hand.

There is no corruption; this is just the whiles of justice turning as they should. Drink drivers should pay for their crimes. It is regrettable that this is having so many negative consequences for your mother, however she knew the risks and made the decision to drive she has to live with that it is nobody’s fault but her own.

reply to post by AOA2012


lol
the PIG was a no call no show on a court date and did not get a warrant?
i know if i did that i would.
you want to fight corruption?
make sure to get a good lawyer, and do not accept anything less than what you want out of the case.
do not back down, strive for your result, after all, thats why you pay a lawyer...




or you can just kill the cop jklol

reply to post by AOA2012


u mean dui classes right? last time i checked aa was free either that or some guy at aa is scaming people u might wanan look into that

The first person I ever saw die was because of a drunk driver, I was only 14 and the kid that got hit lived down the street from me, he was just about 18.

It was raining and he ran across the road to get to the convenience store. When I got to him (cannot remember his name now) he was laying halfway in the gutter, halfway out, and I had grabbed a blanket and started to place it around him to get the water up. He looked right into my eyes and that is when I saw him leave this Earth.

The old man in the car never got out, he was down a ways from the scene just sitting there with his head down like he was about to pass out.

I never heard what happened to the man. It has been 34 years now and that boy lost a lifetime. That is a shame, I don't know how his parents were able to cope.

Originally posted by OtherSideOfTheCoin
reply to post by AOA2012

 

I want to ask, why the hell everyone is focusing on what MIGHT HAVE happened but it DID NOT? NO ONE WAS KILLED SO THERE IS NO REASON TO BE HATING!!!!

It’s not about what could have happened, it’s about the risk your mother knowingly put other law abiding road users at and other members of the public. Drink driving is fundamentally wrong, it is right that she should go to prison (10 days is a joke), she broke the law and therefore much pay face justice. Drink driving is stupid, it puts others a unnecessary risk and as a result people get killed, I have seen this first hand.

There is no corruption; this is just the whiles of justice turning as they should. Drink drivers should pay for their crimes. It is regrettable that this is having so many negative consequences for your mother, however she knew the risks and made the decision to drive she has to live with that it is nobody’s fault but her own.

So if you are walking around with a gun, you should be thrown in jail, because you MIGHT kill someone. There is your logic.

However, if she had NOT had a drink, and then ran over and killed a little kid, it would be ok, right? Cause that's how it is.

And if you had ever seen the dismembered limbs and blown up bodies of the MILLIONS of Iraqis killed so far, you should get a medal, right?

THis stuff makes me sick. Karma's a bitch, dude, watch your step.