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:


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