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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Angry Lawyer Said "Dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    This charge was in Mississippi. Supposedly a .08 breath reading. Continued twice before the final outcome yesterday. At court appearance 2 months ago the arresting highway patrol officer was a no-show and the county jail failed to produce the subpoenaed breath machine records that show both maintenance history and exactly how the officer performed the test that night. As per my attorney the test was not conducted properly because I was made to blow into the device multiple times only 2 or 3 minutes apart. The judge refused to dismiss the case and gave another 2 month continuance.

    Yesterday the officer again was a no-show and still no machine records. My attorney calls me outside and states "this is about to be dismissed." He said I would have to pay court costs of $265 and attend one 3 hour class. He keeps all paperwork from the court except my receipt from the clerks office for the $265. Last night I take a closer look at the receipt and it states the $265 is a FINE for "DUI - 1st Conviction"!!!

    I just left a message with my attorney to call me and explain this. I never agreed to accept any type of a conviction and the lawyer had earlier indicated that we would appeal for a jury trial if I was convicted of DUI. This better be some type of mistake but I fear this lawyer just conspired with the prosecution to fool me into accepting a conviction. If that is the case what are my options?

  2. #2
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Lawyer Said "dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    Lawyer finally returned my call and assured me the official court documents that he has in his possession say count 1 - running a stop sign - DISMISSED, count 2 - DUI - DISMISSED. He sounded sincere enough that I do believe him but friends advised me to get my own copy of those documents. The lawyer suggested that the person in the clerks office simply didn't know how to handle the data entry for a dismissed DUI charge because it happens so infrequently.

    He said that next month he is filing a petition to have the arrest record expunged so I'll call this situation resolved for now. His fee was $2,000 but in hind sight it was well worth it to have no conviction and not even an arrest record.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Lawyer Said "dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    Quote Quoting teddro
    View Post
    Lawyer finally returned my call and assured me the official court documents that he has in his possession say count 1 - running a stop sign - DISMISSED, count 2 - DUI - DISMISSED. He sounded sincere enough that I do believe him but friends advised me to get my own copy of those documents. The lawyer suggested that the person in the clerks office simply didn't know how to handle the data entry for a dismissed DUI charge because it happens so infrequently.
    If what your lawyer said is infact the truth, then follow up with the clerk to be sure that her paperwork regrading the reciept is fixed. It would be a shame if she also didn't know how to handle the paperwork related to the case.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Lawyer Said "dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    Why would the OP be required to pay court costs if the case(s) were dismissed?

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Lawyer Said "dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    Quote Quoting 525601minutes
    View Post
    Why would the OP be required to pay court costs if the case(s) were dismissed?
    Or be required to take a three hour class?

    I looked it up and his class time is a fraction compared to other 1st time offenders, but still.

  6. #6
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Lawyer Said "dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    I'd have to think/guess that some sort of an intervention program or deal was made and the dismissal was without prejudice. Perhaps the court costs are the cost of the three hour course?

  7. #7
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Lawyer Said "Dismissed", Court Cost Receipt Says "DUI 1st Conviction"

    That would make sense.

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