how long can the evidence be use in court
if a dui was dropped and the state refiled can the evidence still be used in court and is their a time limit on it
2 Answers from Attorneys
Re: how long can the evidence be use in court
The state has the right to dismiss a case and refile it if the dismissal was "without prejudice." A regular DUI is a misdemeanor. The state has one year to commence prosecution on a misdemeanor. However, if they dismiss a case, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
Re: how long can the evidence be use in court
Until a case has been finally adjudicated, the evidence can be used at any time. But, the State must refile charges within 6 months after a Dismissal Without Prejudice. Without Prejudice mean the State can refile.
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