Sunday, May 13, 2012

MY DUI Case Got " Scratched. " Can it Be Re-Filed or re-Charged? Experienced DUI Defense Lawyer - AZ DUI Team

Unfortunately, getting your DUI case "Scratched" is rarely a good thing.

Getting a case "Scratched" means that the case was dismissed, but that usually isn't the end of things.

Here are the good reasons why a DUI case might get "Scratched":
  • Evidence came back indicating that you were not impaired
  • Evidence came back that you did not have drugs or medications in your system
  • Your Blood Alcohol Content (BAC) was not as high as suspected
  • There is a problem with a necessary witness
Normally, however, a case is "Scratched" because the prosecutor doesn't yet have all the evidence in; or the usual culprit with a Misdemeanor DUI charge getting "scratched" is that the prosecutor found evidence that the Misdemeanor DUI could be charged as a Felony DUI.

Unfortunately, most of the time, if you go to court, and your case is "scratched," you won't be told whether this is a good thing or a bad thing.  Usually you are told that your case has been "Scratched," and you will be contacted if there is anything further.

The problem is that the prosecutor can bring a Misdemeanor DUI case against you for one year from the date of arrest.  In Felony DUI cases, the prosecutor can bring a case against you for seven years from the date of the arrest.

One of the other downfalls of having the case "Scratched" is that you have this Felony or Misdemeanor DUI case hanging over your head, whether you realize it or not.  And one day you may get picked up by the police and taken into custody because a warrant was issued for your arrest.

You would hope that if the prosecutor re-filed or re-charged the case, the court would notify you to show up, but it doesn't always work out that way.  Sometimes the court sends a summons to appear to the wrong address, an old address, or doesn't even bother sending one out, and just issues a warrant.

This is why it is important to have a real DUI Defense Attorney on your side - one who knows the ins and outs of the legal system.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:



  1. Great post!!Thanks for sharing it with us....really needed.Arizona is recognized as having some of the toughest Driving Under the Influence (DUI) laws in the country. In 2013, the number of arrests for DUI was higher than for any other specific criminal offense. mesa dui attorney

  2. Hi Sandy Reena. Does your link go to the same "Mesa DUI Attorney" at run by Christopher Ariano, from Ariano & Reppucci, whose bar complaint was upheld, and was put on probation through the State Bar for employing a law student who couldn't pass the State Bar after multiple tries, yet your law firm was sending him to handle all the criminal cases that came into your office, without any supervision, leading to inadequate representation, and the law firm basically just taking people's money, feeding them to the wolves, and pleading them out? That Ariano & Reppucci?

    Or is it the same Ariano from "My AZ Legal Team"? Or is it the same Ariano from "AZ Criminal Defense Group"? Or the same Ariano from "AZ Debt Relief Group"? Or is it the same Ariano who is rated 3 out of 10 on Wait, it is all of the above!

    Don't advertise on other law firms blogs! I have warned your law firm several times don't post on The Arizona DUI Team blogs.

    People come here to find REAL attorneys to represent them on their cases.