I was arrested for a third dui. When I went to court the DA charged me with a first dui so I plead. Can the DA reopen it?

Asked over 3 years ago - Huntington Beach, CA

I want to know if the DA can reopen the case if they find their mistake or file it again.

Attorney answers (4)

  1. Jason Chase Beahm

    Pro

    Contributor Level 15

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    Answered . Wow. What a fortunate turn of events for you. As long as you comply with the terms of your probation, you slipped by on a technicality.

    Be sure that it doesn't happen again as you can't bank on such a lucky break in the future.

    Best wishes,

    Jason Beahm
    Beahm Law
    San Francisco, CA 94107
    www.californiacleanrecord.com
    www.beahmlaw.com

  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

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    Answered . You dodged a bullet. Once you plead and are sentenced, the case is over.

  3. Aaron Reuben Bortel

    Pro

    Contributor Level 12

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    Answered . The DA cannot reopen the case after you've been sentenced. Make sure you are able to comply with the court requirements for proof of enrollment and proof of completion of the DUI School. Sometimes you need your lawyer to go back to court and modify the dates so you don't get a bench warrant for failure to complete the first offender school in the timeframe given.

  4. Robert Laurens Driessen

    Contributor Level 20

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    Lawyer agrees

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    Answered . No they cannot reopen the case. The one thing to make sure is that you comply with all the terms of the probation. You may need to take the 18 month class to get your license back from the DMV.
    Robert Driessen
    www.Driessen-Litigation.com

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