They can dismiss without prejudice and re-file a new criminal complaint within the 1 year statute of limitations.
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The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.
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.
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Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
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
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.