I was arrested under "suspicion of DUI" 4 yrs ago. I hired an attorney to fight it as whole thing was a sham from start to finish. The arresting officer lied on the report and said I refused the breathalizer, when in fact, I took the test 5 times. He couldnt get a reading. Long story short, 3 yrs ago I received a Decision from the Court that "arresting officer failed to appear at the call of the case. The action of the Respondent (Dept of Driver Services) is therefore REVERSED." What does this mean? A couple attorneys told me it means they dropped the case. Is this true?
I just don't understand the legal jargon.
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Arresting officer failed to appear
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05-03-2012, 12:42 PM #1Registered User
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Arresting officer failed to appear
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05-03-2012, 02:40 PM #2Registered User Samaritan & Scholar
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If your license was automatically suspended due to the arrest then the suspension reversed.
Yes, it seems the case was either dropped or their window to prosecute closed.
For the record, failure to perform a test properly is considered a refusal to test. Some people wont blow long enough or try to obstruct airflow with the tongue, etc. If after 5 tries the officer believed you were not following instructions it would go down as a refusal. At that point they should have gotten a blood sample.
At any rate, it seems you lucked out.
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