What are my rights if the court lost my DUI file?

Not unless they are unable to bring you to trial within the statutory time or otherwise by the absence of the file deprive you of a separate fundamental right (i.e. loss of evidence etc.).

If they lost your file what do they have to make a case against you.

Your case could not have been transferred. Perhaps your probation was transferred. You have not provided information that would require a dismissal.

This might give your attorney some bargaining power but probably not a dismissal.

No. It won't be dismissed. The file will get re-created.

I have not heard of a court losing a file before. The prosecutor should have a copy of the information and the supporting deposition. If not they should be able to print another copy. The court may allow them to simply prepare new documents. You should ask your attorney as he is more familiar with the case.

If the court lost your file and the prosecutor cannot prove its case, then you will in all likelihood get a dismissal.

If there is no file, there is no record of the case, however, the court clerk can reconstruct a file, and it would be a decision of the prosecutor and/or the judge to determine if the case file, as reconstructed, is sufficient to proceed against you.

I expect it is possible for them to reconstruct the file. If you don't already have a lawyer, you should hire one.

No, it's not an automatic dismissal, but hire a great DWI attorney and sounds like lots of room for error.

Possibly. Hire a DUI specialist so you don't get fooled by them. Chances are there can be sanctions imposed, but as long as the prosecutor has their file there are thingsfor which to continue the prosecution.

IF they can't find it and two years go by, the case will be dismissed because the Statute of Limitations (SOL) will have run. Note that it runs from the date of the dismissal of the case in the first court. Make sure that the new court, the Department of Licensing and the police have your correct address so they can't claim you fled the state. That would "toll" the SOL. Also, if the court can't recreate your file from audio tapes or copies, make a motion to dismiss for failure to preserve a record. Other than that, I'd lay low and let the time pass.

I would be surprised if the file does not eventually show up. Until then, I would leave it alone!

In this situation, I believe that a Motion To Dismiss could be filed. You should hire an attorney to get this done so that you are not railroaded into admissions. Also, do not provide the Court with copies of any documents you may have, like a breathalyzer test result or statement, etc. Contact this office with questions or if you wish to hire this office to seek the dismissal.

The loss of the file probably will not result in a dismissal of the charges as the documents in the file can be recreated.

The answer depends upon what was lost. If the City does not have sufficient evidence to proceed, then they will most likely have to dismiss the case.