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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88655
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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police officer stated charge was oui but on the summons, leaving

Resolved Question:

police officer stated charge was oui but on the summons, leaving the scene of property damage is stated (29A-2255-class E). what charge has to be answered in court?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
The charge to be answered in the court is the exact charge on the summons. Just because he said you were OUI if you were not charged with that on the summons then when you appear in court the charge you answer for is what was on the summons. Of course, the officer could have used discretion and not charged you with the OUI and decided to either 1) not charge you with it or 2) refer that case to the DA to decide whether or not they wanted to charge you with the OUI. If it was referred to the DA, then the DA could file separate charges from the summons at a later date and your attorney will be able to find out about that when they go to court and speak to the DA.


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Customer: replied 3 years ago.
on the bail bond receipt the offense says oui. does that make any difference? and do i need a lawyer for leaving the scene? the only damage was to my car. what's the possible penalty?
Expert:  Law Educator, Esq. replied 3 years ago.
The charge is an accident involving property damage, if you were arrested for OUI that is separate and can be charged separate and generally goes to the DA to set that charge for a hearing, so you could be charged with both as I said and the DA is reviewing the OUI charge to decide whether or not to accept the charge and this is what your attorney will have to check with the DA's office.
Customer: replied 3 years ago.

even if it's a separate charge, don't they have to give me a copy? i have 2 things:"uniform summons and complaint" with the charge of leaving the scene, and a "violation summons and complaint" on which the only thing checked off is "proof of insurance" and 171 written under amount due. nothing is entered in "violation" section. i work in another state. would it do me any good to go to the courthouse monday and straighten this out?

Expert:  Law Educator, Esq. replied 3 years ago.
You were supposed to have received the documents for the OUI and why you did not get them I do not know. However, not receiving the documents is not grounds to dismiss the charges and this is why you need your attorney now to go to the DA's office because if you miss the time to appeal the driver's license you can be without even a hardship license.
Customer: replied 3 years ago.
they didn't take my license, no one told me i don't have the right to drive and the bailbondsman wrote "defendant not to operate a motor vehicle until 2pm" (the following day). can i go to the court and try to get this straightened out myself?
Expert:  Law Educator, Esq. replied 3 years ago.
I have no idea then why you would have OUI on the paperwork if no charges were filed against you and they did not take your license. You would have to contact the DA to find out the status of those charges and also you can call the police department as well to ask them.
Customer: replied 3 years ago.
am i allowed to request to see the DA by calling or going to the courthouse?
Expert:  Law Educator, Esq. replied 3 years ago.
You have to call the DA's office and request an appointment, many times the DA will not speak directly with a defendant which is why I told you that you should get an attorney, because anything you say to them they can use against you and they do not want to violate your rights.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88655
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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