Can state prosecutors add on extra charges?
I was arrested for a DUI last year. The officer wrote on the ticket DUI refused breath test. But stated the code, which in Georgia law is a DUI for alcohol.
I received a letter via my lawyer which is now stating that I am being charged for DUI alcohol, DUI for drugs and DUI for drugs and alcohol? 2 extra charges which the officer never charged me for.
I refused the breath test because I was not drunk and I absolutely do not take ANY illegal or doctors medications.
Is this constitutional for a prosecutor to add on charges, contrary to the officers ticket?
Please, only serious answers. I have a good lawyer but today he’s in court and will not get back to me because of the memorial holiday.
I thought that this was the “Land of the free”?
Prosecutors add charges all the time.
Sometimes we officers are trying to be lenient or we just forget about the smaller crimes. After reading our reports, the prosecutor can find more crimes we didn’t charge you with and can add them then. Prosecutors are the final authority in charging people, we only book and ticket on charges.
However, in this case, the prosecutor has zero chance of convicting you on a drug part without a blood test. Alcohol, yes. Drugs, no. Unless there is something in your local laws stating that refusal automatically adds full DUI charges. I don’t know that.
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