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Considering re-opening an old Nolle Prosequi DUI Case in Du Page County.

Algonquin, IL |

I had a DUI charge in 1992 leveled against me even though my BAC was half (.05/.1) the legal limit. My Atty got the prosecution to drop the case Nolle Prosequi, and I had to pay for a broken tail light and legal fee's. To this day I'm mad as hell about it, and have at time considered reopening the case, and plead not guilty. IF I was to do that, what do you think my chances would be of an acquittal? Would the State come at me looking for jail time? That is the ONLY criminal complaint I have ever had, and my driving record is very good. No I'm not crazy, just pissed after all these years. Happened in Roselle which is known for that sort of thing.

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Attorney answers 10


You have no ability to open a dismissed case. If it is dismissed, you should consider seeking an expungement as your final way of 'cleaning' your record.

Every case varies depending on the law and the facts. Because questions often fail to disclose important facts, these 'answers' cannot and should not be relied upon as a replacement for a full or complete review of an actual case by a retained attorney. It is axiomatic that one only 'gets what they pay for', and this is one of those situations where such a phrase generally applies.


Attorney Ramsell said it all. You cannot open up a case that was dismissed. Especially one that was dismissed 20 some years ago.


Even if you could do don't.


Seriously? Why on earth would you want to have a case reopened when it was dismissed? You are taking a huge risk, even if you could reopen the case, which is not likely. As for the outcome, there is no way of knowing. Get over it and move on. Your attorney got you a great deal.


There is no practical difference between a nolle pros and a not guilty. You cannot reopen the case because it is a criminal charge which the State, by entering a nolle pros with leave of court, refused to prosecute. You cannot compel the State to prosecute you. You do understand, do you not, that an acquittal is not an exoneration? All it means is that your guilt was not established beyond a reasonable doubt. You won this case twelve years ago and are going nowhere with it now.


For all practical purposes, you already got a not guilty.
Nolle Prosequi is the prosecutor voluntarily dismissing the case. You won. There is no reason to "reopen" the case even if you could (which you can't).
I'm not sure why you feel it would be necessary to consider such an action. If the case was dismissed, file a petition to expunge the record.
Don't be angry- you won your case.


Even if your BAC is below the legal limit, you can still be guilty of DUI (the court or jury could find that you were impaired by alcohol. I would say you should be happy with the fact that the case was dismissed and leave well enough alone.

This general legal advice does not create an attorney-client relationship. Every case is individual and to have legal advice that you can rely on you need to talk to an attorney one on one, answer their questions, and hire them.


A Nolle Prosequi is a dismissal at the State's request with the ability for the State to re-file, or reinstate the charge. The State, however, may only reinstate the charge within the applicable Statute of Limitations, which for a Class A misdemeanor is 18 months. A Nolle Prosequi that is not re-filed within the Statute of Limitations is equivalent to a dismissal with prejudice, meaning the State can never re-file that case. The fact that the case was Nolle Prosequi indicates to most persons familiar with criminal law that the case was weaker than a case that proceeded all the way to trial and resulted in an acquittal. The State, for all intents and purposes, admitted they could not convict you of the charge.


This is a ridiculous question. YOU WON! Take your win and move on. You have no authority to re-open the case.


Obtain your record and contact a lawyer to determine if you can legally expunge your record. Good luck.

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