Martinsburg Crime

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Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.
I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecution refiled the charges(no new evidence, he said that I violated a plea deal even though they admint that there was no plea deal). His boss sent me an email with the summons(not served since i live in another state). After i refused to go until i was served, the issued an arrest warrant.
If the case was dismissed then jeopardy had not attached (Double jeopardy means you cant be twice charged with the same...
Can the charges be refiled if the case was dismissed for a misdemeanor DUI?
I was charged with a DUI on May 2014. Blood test came back .05 and the officer made a lot of mistakes in the report. The prosecutor filed a motion to dismiss and it was signed by the judge on March 2015. I received a phone call from a Sgt which told me that I was summoned and they would refile the charges. He said that I didn't follow the plea deal. A plea was never made or agreed, in fact I was very adamant about not making a deal.
Depends if it was dismissed without prejudice or not. Impossible to tell over the internet. If you would have taken...
Four years ago got charged with DUI in Virginia when 18 years old blew .o8 BAC. Last weekend got pulled over in West Virginia
and blew .16 got charged with aggravated DUI. Does this count as my first or second? Can West Virginia take my Virginia license? I live and work in Virginia.
I am re-categorizing this post under DUI/DWI so an experienced DUI attorney can answer your question. Good luck.
Should I get a WV driver's license after a DUI?
If I live in West Virginia (but neglected to change my driver's license over from Maryland where I previously lived) and then got a DUI in West Virginia, should I get my WV driver's license before my DUI hearing?
Yes. You have a lawful obligation to switch driver's license, tags, registration, etc. regardless of your dui charge as...
Should I get an attorney?
I was in one lane rd that goes through federal park and swerving to miss many pot holes. A federal park officer pulled me over an claimed I was impaired. I took and passes a breathalizer and let him search my car. He then gave me a ticket for failure to operate vehicle and a dui ticket. He did not arrest me but made me call a friend to drive my truck home. Both tickets had no fines and stated I would have go to court but had no court date. The incident happened in Maryland.
Yes you should get an atty. A DUI conviction will result in the suspension of your license, plus other penalties and...
How many times can a aggravated Dui be discontinued of the dmv courthouse before it is dismissed?
I live in WVa and my DUI hearing of the DMV court has been postponed twice now the first time was due to the cop out of town and my lawyer and I did not know why it happened a second time.
I see no one answered your question. Consider speaking to a local DUI attorney for more info.
How can I protect myself from Police "setting me up" ?
I had an Arraignment for a DUI. The prosecutor told me "No alcohol". That's fine with me. I'm not on probation, but was advised that police can come to my home and breathalyze me. I'm concerned about that; reason being is that I've had prior issues with "corrupt" cops in my county. I've tried to file complaints against them about 2 years ago. I'm certain that the DUI was a "revenge" sort of issue, whole other story, unbelievable! Anyway, I don't trust any police in this area now. It would be so easy for them to alter the results of a breathalyzer. I just don't know how to protect myself. If I asked to be taken for a blood test, they don't have to honor that, correct? Please help, as I have very good cause for my concern. Thanks in advance!
Hire an attorney for the dui. They cannot just come to your house and give you a breath test.