Q: I appeared at my court date for a DUI charge and no charges were filed. Can they re-cite me?
The officer called me over a week past my court date I appeared at and she did not, nor did she file charges. Is it legal for her to re cite me now?
A:
Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.
This process often extends passed the court date on the original citation, which makes it all the more confusing and frustrating for those who show up on their citation date expecting to face their case and find out like you did that it was not even filed in the first place. You should consult with an attorney as soon as possible to find out how to best proceed.
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