RALEIGH, N.C. (WNCN) – A Durham County driver knows as “STAYUMBL” has been charged again after a judge dropped all charges against her on Tuesday.
Diana Mems, 50, is again facing three charges from an incident involving a school bus that occurred in Durham in April.
A judge denied a motion to continue on Tuesday, which dismissed all charges against her.
It was revealed Wednesday that the charges were dismissed after a witness failed to show up to court.
The Durham County District Attorney’s Office said the contact information they had for the witness was incorrect.
They’ve been in touch and the driver is fully cooperating – leading to Mems being charged again.
Mems was served Wednesday morning and is due back in Durham County court Sept. 17.
The District Attorney’s Office said the charges can be re-filed because it was a voluntary dismissal with leave. The state can re-file such charges within the statute of limitations, which is two years.
The bus driver, Jacquanna Barrett-Laws, posted a Facebook video showing Mems parked in front of her bus on a two-lane road, out of her car, blocking Barrett-Laws from moving. The video quickly garnered more than 100,000 views.
“She came from behind my bus, went into the oncoming traffic lane on the left, swerved in front of me and started slamming on brakes,” Barrett-Laws said in an interview. “I don’t know why she did it, but if she could do it to a school bus, she could do it to anyone.”
Mems was charged with reckless driving, illegal passing, and impeding traffic.
Barrett-Laws said she wasn’t told about Tuesday’s hearing and so she didn’t show up for court. Because she wasn’t there, the charges were dropped after the judge denied a motion to continue.
Mems is still facing multiple charges in Wake County and an investigation by the North Carolina Department of Insurance.
Barrett-Laws said she believes not making it to court is why Mems’ charges were dropped. She said she recently moved and changed her phone number, leading to her never receiving notification that she needed to testify.
“Hopefully we can get a fair trial going when I will be there to testify and whoever else has evidence to testify,” Barrett-Laws said.
The North Carolina Department of Insurance said it is looking into 41 charges against Mems.
DOI is working with the Wake County District Attorney’s Office to investigate Mems to see if she staged any accidents to collect fraudulent claims, officials said.
Mems most recently rejected a plea deal in Wake County Superior Court from the district attorney that would have kept her out of jail despite facing numerous traffic violations.
Mems indictment into Superior Court, following an April grand jury indictment, was the direct result of months of work by CBS 17.
Indictments for traffic charges are rare, but the Wake County District Attorney’s office said it is taking a tougher approach for this case because of Mems’ extensive criminal, civil, and traffic history discovered by CBS 17 reporter Susanna Black.
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