Can i be charged with a voluntay dismmisel if i get another dui

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i got a dui in 2008 and was convicted and then i goT another one in 2009 and it was voluntary dismissed and now i have gotten another one can i be charged with th on that was dismissed?

Attorney Answers

4
David Ledyard ·
It depends on the law in your state. If the DUI was dismissed with prejudice they won,t be able to refile if. If they dismissed it without prejudice AND the statute of limitations has not run they may be able to refile it. Either way 3 DUIs within a 4 year span will not be looked upon kindly by the prosecutor. You need to consult with an attorney in your state immediately.
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Dustin Sullivan ·
The answer is, it depends. Why was the 2009 DWI dismissed? Was it with leave or without leave? Speak to a local attorney and he/she will be able to assist you with this since you are facing a three year prison sentence on the new DWI charge.
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F. "Bill" William PowersDUI / DWI AttorneyCharlotte, NC ·
Good question. . .but tough to answer. A LOT depends upon if the charge in 2009 was "dismissed with leave" as in, "dismissed with the option to re-open" due to non-appearance or something of that nature OR dismissed with prejudice, either by the Court or ADA. Normally, one would not expect to see older charges reinstated simply because of a new case. Although that is not an absolute, it just doesn't happen that often. Put simply, it makes sense to speak with an EXPERIENCED attorney whom handles cases in Randolph County, North Carolina. (I think that's where Trinity is located.)
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Damon John ChetsonCriminal Defense AttorneyRaleigh, NC ·
A VD is not a a dismissal with prejudice. A prosecutor may recharge within 1 year of the VD. If the case was dismissed after evidence was put on by the state, that's a different matter, and in that case the dismissal is with prejudice and can't be refiled (assuming that the reason for dismissal was not a jurisdictional issue).
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