I appeared in Court for an OUI, no arresting officer or paperwork, 5 months later I am being summonsed again?

Question

I appeared in Court for an OUI summons, the arresting officer did not show up and the DA had no paperwork, now 5 months later I am being summonsed to appear in Court again. Is this legal in the State of Maine? Is there a time limit to be summonsed?

Answer 1

What type of hearing was the original hearing? Did you move for dismissal due to lack of evidence to proceed or was the hearing continued? These are important issues to be able to answer your question.

Answer 2

1

Answer 3

It depends what happened at that initial summons. If you agreed to a continuance, you're screwed. On the other hand, I'd have to know what the judge ruled. Hopefully you had some sort of legal rep there that moved for dismissal. After an initial hearing, five months is a VERY long time to be unnotified. I'd look into grounds to argue you weren't given right to a speedy trial(see below). As for a time limit, I'm guessing you're meaning a statue of limitations, which for OMVI, DUI, etc. is 6 months.

Also, have legal rep. check out U.S.C. 3161. section C. part 1&2

1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent.
(2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se.

As well as Section D, Part 2.

2) If the defendant is to be tried upon an indictment or information dismissed by a trial court and reinstated following an appeal, the trial shall commence within seventy days from the date the action occasioning the trial becomes final, except that the court retrying the case may extend the period for trial not to exceed one hundred and eighty days from the date the action occasioning the trial becomes final if the unavailability of witnesses or other factors resulting from the passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161 (h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.

Answer 4

I'm assuming when the officer failed to show the first time your charges were dismissed. Seems as if the prosecutor or the officer has refiled the charges. This is legal and can be done. There is no double jeopardy clause involved here because you were never tried on your original charge. Its pretty common for the state or the officer to refile charges.

Answer 5

Call a lawyer in the phone book that deals with duis and ask them. choose one that has free consultations, but either way, youll no doubt have to go to court. bettyk