Hit and Run - Dismissed due to Arresting Officer no longer employed by municipality
My ex was arrested for Hit and Run in January 2007. When the police officer came to his home about 2 hours after the incident was reported, he asked my ex why he did not report it. My ex told the officer that he "wasn't sure how to go about handling the situation."
The police report is very thorough and includes dialog that a third party witness phoned in dispatch at about the same time the officer was taking a statement from the woman whose car my ex hit on the freeway. The caller's statement matches the statement taken from the woman whose car was struck by my ex.
The case was set for a jury trial in June 2007 but in May, the charges were dismissed by the assistant DA because the arresting officer no longer worked for the city. I located the police officer and arresting officer and spoke to each of them on the phone. They both felt that my ex was clearly in the wrong and the arresting officer said that he's been subpoenaed for other cases since he left the city where the arrest was made. He said it's anyone's guess why they decided not to subpoena him for this case.
Since the case was dismissed under these circumstances, is there any chance it can be re-opened since it's been less than two years since the arrest was made?