DUI Court Case Dis-missed, then Re-Opened? WTF?

reply to post by CaptChaos

So if you are walking around with a gun, you should be thrown in jail, because you MIGHT kill someone. There is your logic.

My views on gun control aside, this analogy is really rather ill-conceived, when a driver drinks and drive they are not of sound mind to drive, that is the point. We know that coordination and reaction times are lesser and as a result of this are responsible for thousands of needless road deaths each year. Taking a hard line on those who drink and drive prevents these deaths, I am sure the OP and his mother will think twice about getting behind the wheel of a car while inebriated next time. Your analogy just doesn’t work, drinking and driving and walking around with a gun are two entirely different things.

However, if she had NOT had a drink, and then ran over and killed a little kid, it would be ok, right? Cause that's how it is.

This line is just stupid, sorry, I do try to be as civil as I can when responding to peoples comment’s but this is just stupidity. Of course it would not be ok, She should be punished in accordance with the law.


I have seen a child being killed as the result of a drunk driver, I personally gave CPR to the child, I could taste his blood in my mouth. The driver was punished accordingly, had he not been drinking he would have braked, as it was he was so drunk he didn’t start to brake until he had gone over the kids lets with his back tire. That young boy was my younger brothers friend, it was horrific. The driver was punished accordingly, I gave evidence in the court the whole thing as you can probably appreciate was a traumatic experience.

And if you had ever seen the dismembered limbs and blown up bodies of the MILLIONS of Iraqis killed so far, you should get a medal, right?

I fail to see how this is relevant.

Am I to take form your post that you believe drink driving should go unpunished and that you yourself have no problem with selfishly putting your fellow man at unnecessary risk by drinking half a bottle of Whisky before driving.

Did i hear a fellow Virginian in here? Wow first time i found one of those on the internet!

Anyways on topic, i believe, not sure if this is 100%, but from what i recall, a dismissed case can be re-opened if the case doesn't actually start, but if it does start, like if a witness is called, even just one, and it is then dismissed, it cannot be re-opened because of double jeopardy.

Another thing i'd like to say is, i agree with the above poster about the BAC Levels. People really doesn't understand if you are "twice above the legal limit" you are only a .16, That really isn't that bad. Seriously if i'm at a .1, i'm not even drunk yet. I feel the BAC levels are kinda obscure because of this, i'm sure a .08 can be achieved with just 2 drinks or so. Also i own a meter, its really messed up what sets it off. If i'm sober and smoking s cigarette and blow the smoke in, it will read as a a .1 or higher. Whats up with that?!

I'm sorry for your mother, i hope all goes well, although that's pretty unlikely these days.