Jacob Robert Jenkins's Answers

If your are charged with a Dwi first offense in texas

Not necessarily – although the prosecutor could do the smart thing and dismiss it, they normally do not. While a .08 score is not normally a dismissal, it does mean that you likely have a very strong case. A blood test that low would mean a number of arguments would be available to you. I suggest you hire an attorney familiar with the blood test processes and limitations. Sometimes when there is a low blood alcohol score, the state will retest the blood for drugs.

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Is it possible in the state of TX to get a DWI expunged off of your record?

If you were to receive a pardon, you would then be eligible for an expunction. Unfortunately, the chances of you receiving a pardon on a DWI are remote.

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What r the chances of winning the case with a BAC of 0.085 and reasonable field sobriety test in houston, TX if i were to go tri

First you need to retain an attorney that is familiar with DWI defense. He or she should be able to interpret the evidence in your case and give you a good idea of your chances at trial. You are fortunate because Houston is home to some outstanding DWI specialists. A .085 breath test score can be overcome by a quality attorney familiar with breath testing. The more important factor may be the video evidence and whether or not you appear to have normal use of your mental and physical faculties.

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CAN I FIRE MY COURT APPOINTED LAWYER 2 WEEKS BEFORE TRIAL DATE AND HIRE ONE

In general things work out better when you have the same attorney throughout the entire process. I recomend that you talk to your current attorney about your case and let him or her address your concerns. Once you are sure you want to fire the current attorney do it as quickly as possible to allow your new attorney to catch up. Two weeks before trial is not a long time and the case might need to be reset. Whether or not the Judge will allow the case to be reset will depend on the age of...

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My boyfriend was on deferred for a felony POM charge, recently got 1st DWI now in jail MTR What will they do to him?

I agree with Ms. Rueda but would like to add that your boyfriend needs an attorney that is familiar with both DWI defense and the felony probation department in Bee County. DWI defense is a unique area of criminal defense and not all attorneys focus on this type of crime. It is especially important that your boyfriend have a quality DWI trial attorney because winning the trial might be the only way to keep him out of prison. He also needs someone familiar with the procedures in the local...

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Husband was on probation for poss of cont sub, caught another charge for theft of 1500. how much time will he get

Your husband is facing the real possibility of jail time. If anything can be done, it must be done quickly. I recommend that he retain counsel as soon as possible. If he bonded out on the new theft charge, he will have a little bit of time before the Court issues a warrant on the motion to revoke. It is important that he meet with his attorney during this time to develop the defense strategy.

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I received an open container charge for a bottle seen in my back seat under passenger seat. Can I be charged?

You may very well have a defense based on your lack of knowledge of the open container. If you are serious about fighting this case I recommend you hire a local ticket attorney. An open container charge is a Class C misdemeanor in Texas, and will be heard in Court that also hears traffic tickets. They will know the Judge’s tendencies as far as trials. They may also be able to get your ticket dismissed without a trial or work out a plea bargain for deferred adjudication. Deferred can be a...

I have been charged with a dwi with a child. all my ticket info has the wrong person on it.

As you are charged with a felony offense, you need to hire counsel as soon as possible. Sometimes when the right attorney is defending you, they can use mistakes made by the officer to your benefit. Even if the officer did make mistakes, it does not necessarily mean that your case will be dismissed. Anytime you notice mistakes in paperwork, it is important to point them out to your attorney.

What happens when in DWI probation, and a test on an interlock ignition was failed?

It depends on the Judge and your past probation history. The score on the interlock failure may also come into play. I would recomend you call a local attorney as soon as possible. There are some Courts where fast action can save you a trip to jail.

Refused Breath Test

You can be convicted of DWI based on either drugs or alcohol. Blood test cases can be very difficult even when you just have alcohol in the blood. You situation is a little strange becuase most of the blood tests done in the Dallas area are done for ethanol. The state normally only test for the presence of Drugs when someone passes a blood test. You are facing a DWI 2nd which is a very serious charge in that there are the potiential for jail time and more restritive probation that includes...