When your name is Pistorius, a legal matter isn't cut and dried, whether it's Oscar or brother Carl.

While Oscar awaits his new trial after prosecutors won an appeal to for a retrial on his culpable homicide verdict in the shooting death of girlfriend Reeva Steenkamp, the South African National Prosecuting Authority sent a reckless and negligent driving charge against Carl back to investigators.

Carl Pistorius charged with reckless and negligent driving because of silence?

Carl Pistorius was involved in a car accident on Aug. 1, when he was driving back from a business meeting in the city of Polokwane when a car heading in the opposite direction swerved into Pistorius' lane and collided with him, International Eyewitness News reported at the time.

Eyewitness News added that authorities said both drivers required the Jaws of Life to be removed from their cars. Pistorius went into respiratory failure but made a miraculous recovery.

Carl Pistorius makes miraculous recovery from head-on car crash

The brother of the double-amputee sprinter was charged with reckless and negligent driving because he refused repeated attempts to give his statement following the accident.

"Mr. Pistorius did not want to submit his statement; he was charged mainly because of that," Colonel Ronel Otto said.

But the NPA now is unsure whether it has sufficient evidence.

"The summons was prepared but we felt the need to take another look at the docket and have sent the docket back for investigations," National Prosecuting Authority spokesman Velekhaya Mgobhozi said on Wednesday, according to the South African Times Live.

"As much as we have the summons ready, it was never served on Mr. Pistorius and he was never charged. No decision has been made and it is going to be very difficult for me to pre-empt it."

Mgobhozi said a decision would be made once the investigations were concluded, The Times reported.

Oscar Pistorius' appeals case will go before South Africa's Supreme Court of Appeals. No date has been set in that trial.