Legal Question in Traffic Law in Washington

I was illegally searched.............

a few years ago i was stopped for speeding and while the officer wrote the ticket he radioed in my drivers liscense# and found out i had a warrant (which was invalid and non confirmable at the scene)which lead to a search of my vehicle and discovery of a pot pipe which i was charged with posessing. after a year of wrangling back and forth my case was dismissed with predjudice, because of what was found to be an illegal radio check on my background, therefore the search was found to be illegal and case dismissed (for a period of time radio checks were illegal for speeding violations, later the law was overturned by gov locke, but i fell into that time period).....my question(finally)is, what does case dismissed with predjudice mean and without predjudice mean? i don't know what they mean or not mean......thanks guys, even though it is such easy question....


Asked on 4/24/01, 8:48 pm

1 Answer from Attorneys
Jessie M. Archibald Attorney at Law

Re: I was illegally searched.............

When a case is dismissed "with prejudice" it means that this is the final disposition or outcome on the matter and the prosecuting authority is barred from ever bringing an action against you on the same claim or cause. A dismissal "without prejudice" means that the prosecuting authority has the right to sue again on the same cause of action. In your case, the dismissal with prejudice simply means that charges can never be re-filed against you on the same claim or cause of action.

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Answered on 6/18/01, 2:24 pm


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