Charged with DUI, went to court, "no charges filed"

[Rosita9107]

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]

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]

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]

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]

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]

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]

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]

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]

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.