Warrant Issued After DUI Case Was Dismissed

[atrac059]

My question involves criminal law for the state of: Oklahoma

My wife was picked up on a DUI over 12 years ago. The case against her was vs. the State of Oklahoma. She was arrested by a State Patrol, and turned over to local authorities where she was held until bail. She went to to court and had the charges of DUI 1st Offense, and Failure to provide security verification. Both charges were disposed of due to the fact that she was able to provide verification after the wreck, and the DUI was dismissed due to Financial Responsibility (the original paper-work stated that, in a more detailed fashion, that due to her age the DUI was being dismissed under the reasoning of Financial Responsibility).

So the case was dismissed by the state. However, we have recently discovered that not even a year later, the local police issued an arrest warrant for the same charges with a case number ending in 1 digit different from the State filed case with the same dates, information, and charges as the charges issued by the state. It reads as such

"{Ct. 1 DUI: $1000, CT 2. Security Verification $300//(Random Judges Name" $30}- Unrealized. Affidavit Received"

She paid her fines to the state of over $1300, took her required courses and went to college a few months after never hearing of this again until now. Over 12 years later

So what we have essentially gathered is that an arrest warrant was issued by the local police about 8 months after the case was dismissed by the state, and she had paid her required fines. Is this a valid warrant? Can she be fined by the state and local authorities in the same case? Or is this a paperwork error on the hands of the local arresting authorities? Any suggestions on how we should handle this? Much thanks everyone.

[That Guy]

First you say:

Both charges were disposed of due to the fact that she was able to provide verification after the wreck, and the DUI was dismissed due to Financial Responsibility (the original paper-work stated that, in a more detailed fashion, that due to her age the DUI was being dismissed under the reasoning of Financial Responsibility).

Although I'm still not clear on what the DUI have to do with Financial Responsibility or how it could have been a reason for a dismissal...

Then you add:

So the case was dismissed by the state.

Okay...

But here comes the part that's even more confusing:

She paid her fines to the state of over $1300, took her required courses...

What fines and what required courses? I though you said the case was dismissed?

Or do you mean she was put on summary probation with some sort of deferred adjudication pending completion of a state approved treatment program where she attended classes and upon completion a certificate was submitted to the court and the case was subsequently dismissed?

The underlined part is important if it is a condition to the dismissal and if it wasn't done, then the court may not be aware of her completing the program and a warrant was issued for her failure to meet her probation requirements.

never hearing of this again until now. Over 12 years later.

The fact that its 12 years later means very little as far as validity. Of course it is still valid even if it was issued as a result of an error. And it remains to be a good warrant subjecting her to arrest until it is served/fulfilled or until it is recalled by the court that issued it.

And there is where her next step is. She needs to contact the court which issued the warrant and get more details as to why it was issued and what she needs to do to get the matter resolved. They may tell her that she will have to turn herself in but that can be resolved in 2 ways. She can hire an attorney to help walk her through the case and he/she will usually arrange for her to turn herself in while limiting her incarceration to a minimum time period, or she can post bail and be released that way until all is resolved.

So what we have essentially gathered is that an arrest warrant was issued by the local police about 8 months after the case was dismissed by the state, and she had paid her required fines..

The "8 months" is the clue that tells me that someone was not happy with how the matter was resolved presumably because a progress report was not filed or the final outcome was not reported as required! However, a warrant cannot be issued by local police, it can only be issued by the court giving an order to local police to arrest her if/when they come across her!

However, with regards to the "after the case was dismissed against her by the state".... Did you not state earlier that the state police arrested her and turned her over to local police. And if the case was filed by local police, then the state could not dismiss the case against her!

All of this can and will be clarified once she inquires with the court.