What do I do if I was arrested for DWI/drugs but the officer never turned in the ticket?

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What do I do if I was arrested for DWI/drugs but the officer never turned in the ticket?

I was stopped and arrested for DWI/drugs almost 7 months ago. The DMV suspended my drivers license but the arresting state trooper never has turned in the ticket therefore I have never had my day in court. The DMV says they will reinstate my license only if I take the required classes and pay the $150 reinstatement fee. Shouldn’t this be the case only if I am found guilty and ordered by the court to take the classes? The way it stands now, I will be convicted of the DWI and have it stay on my record without ever having a chance to go to court.

Asked on November 5, 2010 under Criminal Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you need to seek legal help from an attorney in your area on this matter as soon as possible.  It appears that there has been a mistake here that can result in a miscarriage of justice as you are being denied your day in Court.  While most states automatically suspend licenses now when you are arrested for DWI or DUI, you are entitled to have the City or County prove the offense before you are sentenced to the classes, etc., you are correct.  It does sound here like you were already convicted.  Go seek hep.  The longer that you wait the worse it may get to try and resolve the matter.  Good luck. 


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