Can an Officer File a Dismissed Charge As a New Charge

[Shocks]

My question involves police conduct in the State of: West Virginia
I was arrested for dui at a bar for standing on the sidewalk with a helmet in my hand. By an officer from another jurisdiction The next morning the Magistrate dismissed the case for no probable cause. I was released at that time. Five days later another officer from the jurisdiction I was arrested in went to a different Magistrate and filed a complaint as a new charge. After removing the first officers name from the complaint. The charge has been dismissed again because a year had passed and the states three term rule kick in. But my question is did the officer violate my right to due proses when the law of this state allows the prosecutor to refile a dismissed case but says nothing about allowing the officer to refile it. I would also say this is also case of judge shopping. I would think that a 1983 suit would be my best remedy against the officer.

[jk]

was the charge dismissed with or without prejudice?
charges are often dismissed if there does not appear to be enough evidence to sustain a case but as long as they are not dismissed with prejudice, if additional information or some other change of the situation would possible allow the charge to be sustainable, the charge can be refiled.

[Shocks]

The charge was dismissed due to jurisdition. The thing is this was not a refiling it was filed as if the other dismissal never happened. The state law here says the prosecutor must notify the magistrate of intent to refile a case. None of that was done by the Prosecutor. The officer did this without the prosecutor knowing. The county here has a slite habbit of covering each others mistakes there for the delay in the prosicution. Soon I will have another set of charges dismissed for almost the same thing an arrest by the same officer there are three charges I have had 1 first offence dui dismissed and refiled as a second offence dui before there was a convition for a first offence dui. And now the first offence has been dismissed and can not be refiled. 2 other charges have been dismissed for the 3 term rule. Only the second offence dui remains and that to should be dismissed for the same reason. The Magistrate seems to think that the refiling starts the time over in the 3 term rule. I say it doesn't but the 2nd of march is the date he seems to think is it so Ill wait a couple weeks and it 2 will be gone. Oh yes I didnt add 2 charges that went with the first arrest to save time. So as it stands now I have 3 charges in the first arrest dismissed twice and and 3 in the second arrest dismissed once with 1 refiled and soon to be dismissed. I beleive that this must be a record. I guess Ishould have givin all the info in the first place it might be easier to follow. Now I guess I shouldn't have called the first cop A fn prick but mad ppl make stupid mistakes. I think herasment can be proved cause theres a pattern of conduct first arrest and now including the house I was renting being condemed And it was a beautiful home with nothing wrong with it I have pictures. The even told the landlord that he could keep my things now that i have all charges dismissed I can conentrate my energy on the civil suits first the landlord for renting me a house with out a licence. Then I start on the 3 officers an 2 towns with 1983 suits. After all I think I can convince any jury that the cops had it in for me. With 6 chargesturning in to 10 dismissals