The State could come back and file charges again, if they wanted to. Since the jury was never sworn in at trial nor has the statute of limitations passed, there would be nothing preventing them from doing so, if new information was discovered. However, if the basis and initial charge was alcohol related and now they try and come back and blame it on prescription drugs, their case is certainly going to be flawed, since the evidence which they initially used, had nothing to do with Benzoylecgonine. Moreover, those drugs can stay in a persons system for an extended period of time, so the presence alone, without signs of impairment related to the drug, may not be enough for them to file the charge again and proceed in good faith. Also, a plea deal was taken, so it is going to be hard for them to re-open the case and ask that the plea be vacated, since it was taken on a condition of the dismissal. The lab results being sent to her were likely part of the normal procedure and may not result in anything additional happening. In the event that it did, at that time she would want to retain counsel, since she would have to defend the charge, at that time.
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