How can we find out if my husband will be retried for DUI?

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How can we find out if my husband will be retried for DUI?

My husband was arrested for DUI 2 years ago. He was not intoxicated. He admitted that he had had a beer early that day but this was 12 am. The officer stopped him because he was going 46 in a 65. He said that my husband was weaving inside his lane, so he pulled him over. He said that my husband didn’t pass the field test. We went to court and the case was dismissed because the jury couldn’t decide. That was a month ago and we have not heard anything since. It is very stressful waiting to see if they are going to retry him. What can we do? He represented himself.

Asked on June 14, 2012 under Criminal Law, South Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Until you have a copy of a dismissal, you or your husband need to stay in touch with the court and the clerk of the corut where the case is pending.  You won't be able to talk to the judge directly, but you can ask the court's coordinator or secretary when your next trial date is, assuming the case was not dismissed.  It's the coordinator's responsibilty to schedule dates and notify the parties.  If for some reason you cannot get through to the coordinator for the judge, contact the clerk.  Usually, they are forwarded some type of notice for the next settings as well.  If your husband's case has been dismissed, they can also tell you their procedures for getting copies -- which you will want for your records.


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