My DUI case was thrown out, I have moved to another state and now 8 months later i'm getting summoned for the same case

Asked about 1 year ago - Henderson, NV

this happened in las vegas/ henderson nevada..they're saying they didin't have the blood results then so they threw it out, but that they have the results from the test now

Attorney answers (5)

  1. Ross Carl Goodman

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . They can dismiss without prejudice and re-file a new criminal complaint within the 1 year statute of limitations.

    The information presented here is for informational purposes only and does not constitute legal advice. The... more
  2. Boris A. Avramski

    Contributor Level 14

    4

    Lawyers agree

    Answered . You need to obtain an attorney in the Las Vegas/Henderson area to handle your case. Also be prepared to travel here to appear in court.

  3. Wade J. Skalsky

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Unfortunately this is not an uncommon situation. They are within the typical statute of limitations. My advice, consult an attorney in Nevada who can run you through your options. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon... more
  4. Michael Ivan Gowdey

    Contributor Level 7

    3

    Lawyers agree

    Answered . Likely your case wasn't thrown out, but rather the court informed you that since the prosecution didn;t have the chemical results yet, they were not ready to proceed. The court generally says that "if and when the prosecution files the case, youwill receive a summons to appear.". That is what has occurred. The prosecution has 1 year from the date of the incident to file charges. It generally takes at least 4 months to get the blood results back, sometimes much longer. Now you need a great attorney to beat the case. With the McNeely decison havng come down, this is a good time to run motins to suppress the blood draws. Call my office for a free consultation and more information on the McNeely decison, andhow it will impact Nevada's Implied Consent Law. (702) 471-0321

  5. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . In CA, when the prosecution doesn't have the blood test results, a defendant is discharged from a case. Many people mistake being discharged for the case being dismissed, but it's not the same thing. I suggest calling a few DUI attorneys in the Las Vegas area, and hiring the one that is the best fit. Good luck.

    Jasen Nielsen

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