PDA

View Full Version : Charged with DUI, went to court, "no charges filed"



redballoons
04-07-2010, 01:54
Background:
I got pulled over and arrested for a DUI around December of 2009. I was 20 then (still 20 until september) but I was charged with DUI [23152 (a)/23152(b)]. This means that despite me being 20, I was charged with driving over with a .08 BAC. I went to the court date two months later but the clerk said that there were no charges filed against me. She gave me a paper stating that I had no charges and if the DA was to charge me, I would be notified. It was been months and still no court dates, etc. However, my DL is still suspended. I live in California also.

The reason for this thread, I guess, is to know what I can do to get my license back. I haven't been convicted of anything. My license expired and I tried to get it renewed but the DMV wouldn't renew because it was suspended. Right now I'm just waiting till the suspension (until next year) is lifted. I hate this waiting game, but I guess it is better than going to jail and what not. Is it possible to get my license re-instated since I haven't been actually convicted with a DUI?

Sweet P
04-07-2010, 02:35
If there were no charges filed, then there's no reason why your license should be suspended. Try going back to the court and explaining the situation to the clerk. Having said that, there is still a possibility that you could be charged. When I was arrested for possession and driving under the influence of drugs, I didn't receive my court summons for a few months.

Jerry Atrick
05-07-2010, 01:56
If there were no charges filed, then there's no reason why your license should be suspended.

Actually this is wrong. I've got 2 DWI's under my belt and got them both in Missouri. The way it works is that the state suspends the license - it has nothing to do with the court system. When I went to court for both DWI's, the judge fined me and had me do community service but did not suspend my license; the State of Missouri suspended my license.

To the OP: no, you prolly can't get your license reinstated. Just be patient. My license was suspended for 5 years.....1 year is a piece of cake :D

severely etarded
06-07-2010, 03:04
I would personally lay low until the statute of limitations in your state expires. It sounds like you got arrested, and they notified the DMV (DPS here in TX) that you were arrested, but somehow the paperwork got lost in the DA's office and charges were never filed. Whenever you are arrested here in TX, the DPS is instantly notified to suspend your license on the spot, regardless whether or not any charges were filed. Charges usually don't get filed for several months, the license suspension is seperate from criminal charges and happens instantly here in TX. Lay low, maybe the DA miraculously lost the paperwork. Dealing with a suspended license until the statute of limitations expires is better than dealing with the surcharges you are going to pay for a DUI conviction.

Sweet P
07-07-2010, 04:00
Actually this is wrong. I've got 2 DWI's under my belt and got them both in Missouri. The way it works is that the state suspends the license - it has nothing to do with the court system. When I went to court for both DWI's, the judge fined me and had me do community service but did not suspend my license; the State of Missouri suspended my license.

Ok, I wasn't aware of that. Obviously it works differently in different places. I'm from New Zealand and had my license suspended by a judge after getting arrested for driving on methamphetamine.

redballoons
07-07-2010, 04:01
Actually this is wrong. I've got 2 DWI's under my belt and got them both in Missouri. The way it works is that the state suspends the license - it has nothing to do with the court system. When I went to court for both DWI's, the judge fined me and had me do community service but did not suspend my license; the State of Missouri suspended my license.

To the OP: no, you prolly can't get your license reinstated. Just be patient. My license was suspended for 5 years.....1 year is a piece of cake :D

Oh wow, five years is a long time. Do you use public transportation to get to places?


I would personally lay low until the statute of limitations in your state expires. It sounds like you got arrested, and they notified the DMV (DPS here in TX) that you were arrested, but somehow the paperwork got lost in the DA's office and charges were never filed. Whenever you are arrested here in TX, the DPS is instantly notified to suspend your license on the spot, regardless whether or not any charges were filed. Charges usually don't get filed for several months, the license suspension is seperate from criminal charges and happens instantly here in TX. Lay low, maybe the DA miraculously lost the paperwork. Dealing with a suspended license until the statute of limitations expires is better than dealing with the surcharges you are going to pay for a DUI conviction.

Hahah ya, I've been just waiting until next year, when the court can no longer trial me. It's just the pressure of my parents and gf are getting to me. They keep telling me to go to the DMV and work something out (ie: complain that the court didn't charge me with anything and shouldn't have my license suspended).

I'll just wait it out and hope that I don't get a trial date any time soon...or ever. haha :):)

Jerry Atrick
07-07-2010, 22:54
Oh wow, five years is a long time. Do you use public transportation to get to places?


When I lived in Denver I used public transportation, but that's the only city I've lived in where the public transportation is worth a shit. When I moved back to Dallas I had to move in with my parents. I got my license back a year and a half ago and moved out of my parents' house as fast as I could.

QuasiStoned
07-07-2010, 23:42
That sucks that the state took your license but it's awesome that they may well have lost your paperwork or something. I wish that would have happened when I got a DUI!

severely etarded
09-07-2010, 08:47
It took 15 months for the DA to file my possession of Marijuana charge... What's funny is that when they filed, the file said the incident occurred 12 months to the day earlier than it really occurred...I'm guessing they lost my paperwork and found it much later, and wanted to make it look better in court (not taking 15 months, instead only 3 months). My lawyer told me it didn't matter, it hadn't been 24 months and therefore they could still file on me. Just wait it out, and cross your fingers. People's paperwork gets lost from time to time on lower level charges, even though it's EXTREMELY rare.

redballoons
09-07-2010, 21:10
Thanks for the responses everyone, puts my mind at ease. I've looked into this and found that the courts have a year from my arrest to charge. I just need the next five months to be clear ahah. Thanks everyone :):)

ihateusernames
01-08-2010, 21:11
I had a single vehicle accident one night in the summer of 2007 in Texas. I called the DPS for months to see if I was being charged. I could not find out anything. My BAC was under the legal limit but I had taken Ambien (which is the actual cause of accident but that's another story) and had some hydrocodone in my system from earlier in the day. Fast forward two and one-half years when I was pulled over for an expired registration (which was in my glove box but I forgot to affix it to windshield) and promptly arrested for DWI. No one bothered to call or inform me by mail that there was a warrant for my arrest since 9 months after the accident. My license was never suspended, still isn't. It cost me a bundle of money for a lawyer to get even a lateral change in the charge to reckless driving and I was given 18 months probation, 60 days community service, $600 in fines, have to pay for and attend a drug offender class, pay for the privilege of going to probation each month and pay to submit to random drug tests. This was my first and only offense ever.

SilverFeniks
04-08-2010, 03:07
Background:
I got pulled over and arrested for a DUI around December of 2009. I was 20 then (still 20 until september) but I was charged with DUI [23152 (a)/23152(b)]. This means that despite me being 20, I was charged with driving over with a .08 BAC. I went to the court date two months later but the clerk said that there were no charges filed against me. She gave me a paper stating that I had no charges and if the DA was to charge me, I would be notified. It was been months and still no court dates, etc. However, my DL is still suspended. I live in California also.

The reason for this thread, I guess, is to know what I can do to get my license back. I haven't been convicted of anything. My license expired and I tried to get it renewed but the DMV wouldn't renew because it was suspended. Right now I'm just waiting till the suspension (until next year) is lifted. I hate this waiting game, but I guess it is better than going to jail and what not. Is it possible to get my license re-instated since I haven't been actually convicted with a DUI?

This all sounds very typical. I see it happen pretty much daily, almost always with DUIs. For some reason, DAs always lag on those, they usually blame it on a delay in acquiring police reports.
If the DA has your current mailing address and you haven't received a letter telling you when to appear, that's good news.
A friend of mine got arrested for DUI (CS) in San Diego County too; charges were never filed either, and he never heard about it again. Just had to spend the night in jail (and I had to walk home from a different city :D )
I don't remember him ever mentioning a license suspension, though ...

I don't know Cali law, but up here, its a 90-day suspension if you bail a BAC test.
1 year seems harsh when there is no corresponding conviction. Regardless, there is a hearings/appeals process you can pursue to get your license back.

edit: aha ... Would have been only 4 months for you, but since you are under 21, it is a 1-year suspension:
http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm#diff

redballoons
05-08-2010, 08:50
Ya my license is suspended. Still no court summons though (woot). But I fucked up again.

Long story short I was driving my gf's car in Buena Park and she told me to make a uturn. I didn't see it was a no u-turn and a cop was there and pulled us over in parking lot. Charged me for illegal u-turn and driving on a suspended license. I honestly thought I was going to get arrested that night. I think I'm fucked now and think that my "lost" files will magically appear. :(:(

Esotericism
05-08-2010, 12:56
Yeah I just got to walk recently on a DUI charge for ecstasy due to a paperwork fuck up causing the statute of limitations to run out so it certainly can happen

Missykins
06-08-2010, 00:13
How long will your license be suspended now? I'm surprised that you weren't arrested, too.

Missykins
06-08-2010, 00:23
See www.dmv.ca.gov/pubs/vctop/d06/vc14601_2.htm

It looks like you can do some jail time for this. I would think about seeing a lawyer.

SilverFeniks
06-08-2010, 07:24
Ya my license is suspended. Still no court summons though (woot). But I fucked up again.

Long story short I was driving my gf's car in Buena Park and she told me to make a uturn. I didn't see it was a no u-turn and a cop was there and pulled us over in parking lot. Charged me for illegal u-turn and driving on a suspended license. I honestly thought I was going to get arrested that night. I think I'm fucked now and think that my "lost" files will magically appear. :(:(

Same jurisdiction, or a different one?
is the DWS just a violation, not a misdemeanor? I ask cos up here, it can be a Felony (rare), Misdemeanor (occasional), or Violation (usual, ie just another traffic ticket, fine only)
If its a different jurisdiction, I doubt it'll affect the dormant DUI case. DAs in one county aren't going to call up another one and tell them to file an old case. Could bite ya if it is the same locale though.

You gotta drop those keys though man ... I've seen it time and again, people keep driving when they're suspended, and they rack up the DWS tickets. If you aren't able to pay even one ticket, it'll most likely keep you suspended until it gets paid, and it's gonna accrue collections fees if you don't pay it off quick. Every court/state is different; my county won't cut deals with anyone, you have to pay every last time to get each suspension lifted.
I know its damn near impossible to live without a car some places, but if you don't suck it up and ride out the suspension now, you're gonna be suspended indefinately.

Missykins
07-08-2010, 01:17
Ya my license is suspended. Still no court summons though (woot). But I fucked up again.

Long story short I was driving my gf's car in Buena Park and she told me to make a uturn. I didn't see it was a no u-turn and a cop was there and pulled us over in parking lot. Charged me for illegal u-turn and driving on a suspended license. I honestly thought I was going to get arrested that night. I think I'm fucked now and think that my "lost" files will magically appear. :(:(


You could do some jail time for this (driving while license is under suspension due to a DUI offense) so I would recommend that you speak with an attorney.

Khadijah
08-08-2010, 16:30
Wat kind of fuckin selfish bitch is your girlfriend that she will ride in the car WITH YOU and ALLOW you to drive , when she is right there and perfectly capable of driving, while she KNOWS your license is suspended? WTF?? How fucked up is that?? I would be mad as hell at her if i was you.

YOU shouldnt be driving on a goddamn suspended license especially if you are just tryna wait it out and avoid charges, but the fact that you drove your girlfriend around when she coulda just drove you is just unforgivable on her part. I dont understand why the hell she would let you do that, unless she is like 16 or some shit and cant drive yet. Or if she got a suspended license too then she should fuckin walk instead of make you drive her somewhere...And i aint sayin it aint your responsiblity , becuz you done fucked up by driving, but im just sayin damn, that is one cold bitch. My mans license is suspended right now and i drive him everywhere. I dont want him gettin locked up for drivin on a suspended becuz in jerz that is wat happens to you if you got the amoutn of past offenses he does.

Straight up, when you only gotta deal with a little bit of time til your license comes back, driving aint worth it. Its incredibly stupid to drive anywhere at all, but its one thing if you GOT to, like you got probation or somethin and cant get a ride otherwise and if you dont show up youll get violated, or some shit like that/. But just cruisin around with your girlfriend who aint got enough of a brain to think , hey, maybe *I* should drive since your license is fuckin suspended.....that is just some dumb shit. sorry for bein so harsh yo, but im just bein real. It sucks that this happened to you becuz when you have a situation like yours, you cross ur finers and hope but drawin attention to yourself in any way esp. with new charges related to the same thing, will usually end up screwin you over.

anyways , i originally posted before i read that last post, just to say that I cant believe yall et your licenses suspended on the spot. WTF? In jerz you dont lose it til you get convicted. My BF got popped last september for DWI and just lost his license a week or 2 ago after finally gettin sentenced. I cant believe they take it immediately from u like that.

My guess is that like everybody else said, they suspended it as a thing non related to teh charges, the state takes it or somethin like that and you got it suspended becuz you got the DWI even without the charges filed, but now you might get hit with all kind of crazy shit , so def. post back and let us know how it goes.

And tell your bitch girlfriend to get behind the goddamn wheel if she cares about keepin your ass outta jail. :| ;)

Missykins
09-08-2010, 16:48
In some jurisidictions, it is a misdemeanor to allow someone to drive your car with a suspended license.

Rosita9107
10-08-2010, 16:18
I was arrested for a DUI around Dec 2009 as well. 3 months later, my attorney went to my court date and was told that no charges had been filed against me. Now its been almost 9 months and they still havent filed any charges against me.

redballoons
18-08-2010, 02:46
Same jurisdiction, or a different one?
is the DWS just a violation, not a misdemeanor? I ask cos up here, it can be a Felony (rare), Misdemeanor (occasional), or Violation (usual, ie just another traffic ticket, fine only)
If its a different jurisdiction, I doubt it'll affect the dormant DUI case. DAs in one county aren't going to call up another one and tell them to file an old case. Could bite ya if it is the same locale though.

You gotta drop those keys though man ... I've seen it time and again, people keep driving when they're suspended, and they rack up the DWS tickets. If you aren't able to pay even one ticket, it'll most likely keep you suspended until it gets paid, and it's gonna accrue collections fees if you don't pay it off quick. Every court/state is different; my county won't cut deals with anyone, you have to pay every last time to get each suspension lifted.
I know its damn near impossible to live without a car some places, but if you don't suck it up and ride out the suspension now, you're gonna be suspended indefinately.

I bought a bike because longboarding long distances is too much for me. I won't touch anyone's car keys until I resolve this issue. I only drove her car because she was super tired (we had just came back from disneyland, how funny is that? haha). My DUI charge still remains the way it is, which is the only good light I can see from this situation.



You could do some jail time for this (driving while license is under suspension due to a DUI offense) so I would recommend that you speak with an attorney.

How exactly does going to jail work? In the even I go to jail, do I get locked up on the spot, like after the trial? It is a misdemeanor charge. I mean I can't go to jail from there because, I'm serious with this, I have a final three days after my court date ahah. I checked the back of the pink slip and said that I need to be present in court for misdemeanor charges, so I can't really deal with it through mail or online.




Wat kind of fuckin selfish bitch is your girlfriend that she will ride in the car WITH YOU and ALLOW you to drive , when she is right there and perfectly capable of driving, while she KNOWS your license is suspended? WTF?? How fucked up is that?? I would be mad as hell at her if i was you.

YOU shouldnt be driving on a goddamn suspended license especially if you are just tryna wait it out and avoid charges, but the fact that you drove your girlfriend around when she coulda just drove you is just unforgivable on her part. I dont understand why the hell she would let you do that, unless she is like 16 or some shit and cant drive yet. Or if she got a suspended license too then she should fuckin walk instead of make you drive her somewhere...And i aint sayin it aint your responsiblity , becuz you done fucked up by driving, but im just sayin damn, that is one cold bitch. My mans license is suspended right now and i drive him everywhere. I dont want him gettin locked up for drivin on a suspended becuz in jerz that is wat happens to you if you got the amoutn of past offenses he does.

Straight up, when you only gotta deal with a little bit of time til your license comes back, driving aint worth it. Its incredibly stupid to drive anywhere at all, but its one thing if you GOT to, like you got probation or somethin and cant get a ride otherwise and if you dont show up youll get violated, or some shit like that/. But just cruisin around with your girlfriend who aint got enough of a brain to think , hey, maybe *I* should drive since your license is fuckin suspended.....that is just some dumb shit. sorry for bein so harsh yo, but im just bein real. It sucks that this happened to you becuz when you have a situation like yours, you cross ur finers and hope but drawin attention to yourself in any way esp. with new charges related to the same thing, will usually end up screwin you over.

anyways , i originally posted before i read that last post, just to say that I cant believe yall et your licenses suspended on the spot. WTF? In jerz you dont lose it til you get convicted. My BF got popped last september for DWI and just lost his license a week or 2 ago after finally gettin sentenced. I cant believe they take it immediately from u like that.

My guess is that like everybody else said, they suspended it as a thing non related to teh charges, the state takes it or somethin like that and you got it suspended becuz you got the DWI even without the charges filed, but now you might get hit with all kind of crazy shit , so def. post back and let us know how it goes.

And tell your bitch girlfriend to get behind the goddamn wheel if she cares about keepin your ass outta jail. :| ;)

Hahah thanks. That was quite entertaining and a real reality check. I hope things get better for your bf. I told her what was up because I don't think she really knows how serious this situation is and the repercussions of me getting caught driving with a suspended license. She isn't 16 haha, we're both going into our third year in college, but she has never ever really gotten in trouble with the law or anything like that. At least she takes some responsibility of what happened. She'll pay half of whatever fines I need to.

Missykins
19-08-2010, 17:58
Quote: How exactly does going to jail work? In the even I go to jail, do I get locked up on the spot, like after the trial? It is a misdemeanor charge. I mean I can't go to jail from there because, I'm serious with this, I have a final three days after my court date ahah. I checked the back of the pink slip and said that I need to be present in court for misdemeanor charges, so I can't really deal with it through mail or online.

It's all up to the judge. The court will want to know why your original license was suspended (i.e., your previous license was suspended because of a DUI charge).

Have you spoken with an attorney yet? Don't be a fool and think that you can do this on your own.

Missykins
20-08-2010, 00:48
I had a single vehicle accident one night in the summer of 2007 in Texas. I called the DPS for months to see if I was being charged. I could not find out anything. My BAC was under the legal limit but I had taken Ambien (which is the actual cause of accident but that's another story) and had some hydrocodone in my system from earlier in the day. Fast forward two and one-half years when I was pulled over for an expired registration (which was in my glove box but I forgot to affix it to windshield) and promptly arrested for DWI. No one bothered to call or inform me by mail that there was a warrant for my arrest since 9 months after the accident. My license was never suspended, still isn't. It cost me a bundle of money for a lawyer to get even a lateral change in the charge to reckless driving and I was given 18 months probation, 60 days community service, $600 in fines, have to pay for and attend a drug offender class, pay for the privilege of going to probation each month and pay to submit to random drug tests. This was my first and only offense ever.

For years, the public service announcement regarding drinking and driving in New York was:

"DWI. You can't afford it."

redballoons
21-08-2010, 12:50
Quote: How exactly does going to jail work? In the even I go to jail, do I get locked up on the spot, like after the trial? It is a misdemeanor charge. I mean I can't go to jail from there because, I'm serious with this, I have a final three days after my court date ahah. I checked the back of the pink slip and said that I need to be present in court for misdemeanor charges, so I can't really deal with it through mail or online.

It's all up to the judge. The court will want to know why your original license was suspended (i.e., your previous license was suspended because of a DUI charge).

Have you spoken with an attorney yet? Don't be a fool and think that you can do this on your own.

I haven't talked to an attorney. I can't afford any of that. I did email traffic ticket justice a little summery of what happened, but that's about it.

severely etarded
23-08-2010, 05:43
I was arrested for a DUI around Dec 2009 as well. 3 months later, my attorney went to my court date and was told that no charges had been filed against me. Now its been almost 9 months and they still havent filed any charges against me.

I thought my Possession of Marijuana (<2 oz charge) was going to go away a year after no court date. Sure enough, 15 months after the incident, I recieved a summons to appear in court. I noticed though the DA filed the charges with the incident date a year after the charge. Why? No idea, but I'm guessing it's to make it look better in court (for them). I talked to my lawyer about this, and he said it doesn't matter, because the statute of limitations is 2 years.


For years, the public service announcement regarding drinking and driving in New York was:

"DWI. You can't afford it."Hahaha that's the slogan here too! They have signs all over the highways when I go on road trips. They also do the same thing with the suspended license. If you get a DWI/DUID here, the police keep your license, your ID, etc.


I haven't talked to an attorney. I can't afford any of that. I did email traffic ticket justice a little summery of what happened, but that's about it.
Have you tried paying the fine online? Usually class C misdemeanors here where I am in TX do not require showing up in court, except in some jurisdictions. I know I've paid tickets for disorderly conduct online, etc. That's what I'm assuming you got because here a class B misdemeanor requires an arrest and transport to jail, class C's are like speeding tickets, in some rare cases a little more serious, but not much usually.

Missykins
23-08-2010, 18:08
I haven't talked to an attorney. I can't afford any of that. I did email traffic ticket justice a little summery of what happened, but that's about it.


That's what a public defender is for. You seem to be determined to do it another way, so good luck.

SilverFeniks
25-08-2010, 05:20
Hahaha that's the slogan here too! They have signs all over the highways when I go on road trips. They also do the same thing with the suspended license. If you get a DWI/DUID here, the police keep your license, your ID, etc.

Have you tried paying the fine online? Usually class C misdemeanors here where I am in TX do not require showing up in court, except in some jurisdictions. I know I've paid tickets for disorderly conduct online, etc. That's what I'm assuming you got because here a class B misdemeanor requires an arrest and transport to jail, class C's are like speeding tickets, in some rare cases a little more serious, but not much usually.

Not doubting what you say, but in my state, Class-C Misdemeanors can have warrants issued and you MUST appear, just like any other Felony/Misdemeanor.
Only the maximum penalties are lesser.



They also do the same thing with the suspended license. If you get a DWI/DUID here, the police keep your license, your ID, etc.

Now this I've always wondered about. not meant for this thread but the cops do the same thing here. They issue you a future suspension notice, and obviously the System will show your arrest/suspension, so why/how the authorities have the right to deprive you of your primary identification (necessary for so many activities/travel) is beyond my understanding.

redballoons
27-08-2010, 07:32
I thought my Possession of Marijuana (<2 oz charge) was going to go away a year after no court date. Sure enough, 15 months after the incident, I recieved a summons to appear in court. I noticed though the DA filed the charges with the incident date a year after the charge. Why? No idea, but I'm guessing it's to make it look better in court (for them). I talked to my lawyer about this, and he said it doesn't matter, because the statute of limitations is 2 years.

Have you tried paying the fine online? Usually class C misdemeanors here where I am in TX do not require showing up in court, except in some jurisdictions. I know I've paid tickets for disorderly conduct online, etc. That's what I'm assuming you got because here a class B misdemeanor requires an arrest and transport to jail, class C's are like speeding tickets, in some rare cases a little more serious, but not much usually.

I doubt I can pay it online. The back of the citation said that I HAVE to go to court for misdemeanor charges. And for CA the statute of limitations is 1year for a DUI case. Just need to get "lucky" for 5 more months! lol


That's what a public defender is for. You seem to be determined to do it another way, so good luck.

Ya, I'm looking into a public defender now. I've been busy with school and trying to find a place to live before fall quarter starts. Gahh. Thanks. I'll forsure let you and everyone else know what happens after my arraignment.


Not doubting what you say, but in my state, Class-C Misdemeanors can have warrants issued and you MUST appear, just like any other Felony/Misdemeanor.
Only the maximum penalties are lesser.



Now this I've always wondered about. not meant for this thread but the cops do the same thing here. They issue you a future suspension notice, and obviously the System will show your arrest/suspension, so why/how the authorities have the right to deprive you of your primary identification (necessary for so many activities/travel) is beyond my understanding.

Ya I need to go to court forsure. I'll try to have a public defendant represent me because I have school that day and have no other way of getting there. And I was dumbfounded when I found out they KEEP my driver's license. I had to buy a CA ID to carry around because my school id didn't work. I think that's straight dumb.