Legal Question in DUI Law in Indiana

i was wondering if my owi charge can be brought back up since they didnt dismiss it without prejudice. a friend talked to their lawyer and he said that they can only bring it back up if its dismissed without prejudice and all the court said is dismissed


Asked on 12/12/09, 12:06 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

In a criminal case, if there is no mention of prejudice/without prejudice, it is presumed to be without, meaning the case can conceivably be refiled.

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Answered on 12/17/09, 1:51 pm


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