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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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In Wisconsin someone I know had an sing;e car accident on 09/03/2012.

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In Wisconsin someone I know had an sing;e car accident on 09/03/2012. And was issued a ticket for DUI. The citation for DUI was dismissed because sobriety results we less than the legal limit. She accepted a ticket for inattentive driving driving and paid the ticket. Yesterday, she recieved notification results from Wisconsin State Laboratory of Hygiene with the following Cocaine "Result Not Detected", Benzoylecgonine "Result 46 ng/ml".
Can a new citation be issued and be charged from the same incident.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. Was the basis for which person was thought to be impaired, a result of alcohol? Also, did they submit to a urine/blood test, which revealed the drugs stated above?

Customer: replied 3 years ago.

Did you recieve my response to your questions?

I am sorry but I did not. If you could please resend it, I will respond at once. Thank you!
Customer: replied 3 years ago.

Yes, it was alcohol related as there was broken open container found in the vehicle.

The results of the blood alcohol was 0.032. The legal limit in Wisconsin is .08. That was the reason for the dismissal of the citation issued for DUI and she made plea guilty to attentive driving. A blood draw was made at a local hospital the same day as the accident on 09/03/2012.

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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