i went to jail for a DUI and was never called into court and was released later that night. It was what they call a dry run. can the DA still file?

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i went to jail for a DUI and was never called into court and was released later that night. It was what they call a dry run. can the DA still file?

I was also being charge for a felony for kicking an officer when they were pulling me out of my wrecked car. i dont remember any of it i woke up in the hosipital and was told what i had did. i was in jail for 72 hours and it appears as if everything has been dropped. i dont have a court date or anything. I am in ventura county.

Asked on June 4, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

By "dry run" I assume that you mean "dry reckless".  If this is the case the prosecution might charge you with a misdemeanor.  If you agree to plead guilty to reckless driving, not involving alcohol, you will most likely only receive probation and a fine.  However, I'm not certain that this is what is going on here; according to you it appears that everything has been dropped.  I think I would consult with an attorney just to be sure.

As for your assault on the officer, I suspect given the totality of the circumstances, it was apparent that you were injured and did not know what you were doing (ie no intent) when kicking the officer.

In any event, consider yourself lucky.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Maybe you've gotten lucky, and somebody decided that you'd been in a bad enough accident that they didn't need to pile on with the charges.  That somebody might be hoping that you'll take the accident as a wake-up call, and stop drinking and driving.  Whatever the reason, no pending charges is good news.

And yes, the prosecutor can still file charges, but it doesn't sound likely. If it happens, be sure to get a lawyer to defend you.  One place you can find qualified attorneys is our website, http://attorneypages.com

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

While there statute of limitations has years to run, if they have cut you a break, don't mess it up. Sure they could still charge you with DUI and assault on a police officer and resisting arrest. But every once in a while people get a break for no apparent reason. Just don't mess up again.


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