Legal Question in DUI Law in Tennessee

Okay, let me reword and give more details. My ex, who has had no contact with our kids in more than a year was recently charged with his 3 rd dui. First was 8/14/2002, second was June 28, 2008' and most recent march 2012. The one from 2008 was list as closed but says it is noelle prosequi, but the one from 2012 was closed,,but now says reopened. It showed on the online court clerk that he only served 3 nights in jail and not the 120 days like one lawyer said he would have too. He was also given 11 /29. He has several other charges including robbery, and several driving without liscence charges. My question is why would a case get reopened when it showed he did show up for court and was given probation for it. I just want to make sure he stays away from me and doesn't have a chance to have a liscence anytime soon.

Asked on 4/12/13, 8:39 pm

1 Answer from Attorneys

1 - If the case from June 28, 2008 was "nolle prosequi," that is the same as a dismissal. "Nolle prosequi" is latin for "I will not prosecute" and is the declaration by the District Attorney in open court that -- for reasons good and sufficient to himself -- he has decided not to further prosecute the case. In fact, following a nolle prosequi, the defendaqnt is entiteld to have the records expunged at no cost.

2 - If there was a first conviction for DUI in August 14, 2002, and a second conviction in March 2012 it should not have been more than a DUI 2nd offense. But depending on the date of the arrest and then the date of the conviction, there may bave been over ten years gap (2002 - 2012), and in that case the 2002 DUI would have "timed out," making the 2012 arrest a DUI 1st offense.

3 - You should ask the clerk of the court form the 2012 arrest/conviction why the case is back on the docket. It could be anything from a violation of probation, to a status on payment of fines and costs, to reinstatement of retired counts.

4 - The revocation period for a DUI is one year for a first offense, and two years for a second offense. So if the March 2012 conviction was a 1st offense (because the 2002 conviction had "timed out") he would be eligible for a full license in March 2013. If he was convicted in 2012 of DUI 2nd offense, then he cannot lawfully obtain a license until 2014.

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Answered on 4/16/13, 1:30 pm

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