If I received a court date for an OUI but when I went the case wasn’t on the docket, can I still be charged?

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If I received a court date for an OUI but when I went the case wasn’t on the docket, can I still be charged?

The officer who pulled me over arrived at my house the day after the court date to reschedule. He told me that he meant to get to me before the court date but was too busy, and needed to do something more to prepare for court. So he gave me a new summons. What should I do?

Asked on February 21, 2011 under Criminal Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Get yourself an attorney as soon as you possibly can.  Is the "new" summons the same as the "old" summons?  Look at them and compare.  Is the offense the same?  Is the date of the occurrence the same?  Was it back dated and signed?  Is it numbered (by that I mean the paper on which it is written - a summons book - should have a number on it)?  Is the number the same?  It shouldn't be if it was written later.  This really sounds fishy to me and I think that it did to you as well and that is why you wrote in.  Now go and get some advice from an attorney in your are on the matter. 


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