As long as you have a suspended DL, and it wasn't revoked for mental or physical disability, you can get an Occupational Driver's License (ODL) to meet your driving needs in Texas. If it's a first offense DWI, or it's been at least 5 years since your last DWI, you are eligible for an ODL immediately upon suspension. TCCP Art. 42.12 Sec. 13(i) covers when an interlock device is required. If the vehicle is owned by your employer, there may be an exception to any interlock requirement. You...
As is usually the case, your first step should be to contact a lawyer in your jurisdiction. Advice in these matters can be extremely fact specific. As has been often stated here - most lawyers do not charge for an initial consultation. If you can't find a local attorney any other way, you can contact me directly - I primarily practice in Dallas, but I practice in Plano occasionally.
Your second step is to carefully read the documents you received when you got out of jail. You cannot...
You ask if you must exit your motor vehicle upon the request of a police officer.
Yes, for two reasons: 1) The United States Supreme Court has said so since 1977, and 2) I've seen officers beat the hell out of people who refuse to do so. The person refusing to exit the vehicle is then generally charged with resisting arrest. And you are correct, the case that decided that is Pennsylvania v. Mimms, 434 U.S. 106 (1977), which was a 6 - 3 decision, meaning 3 of the justices disagreed with...
You ask when DWI charges may be reduced to some other "non-DWI" charge. The simple answer is: whenever the prosecutors think that they will lose the case. If the prosecutors believe that they can prove the DWI, they would rarely, if ever, consider reducing the charges.
And the prosecutors in some jurisdictions have a policy of never reducing DWI charges.
Prosecutors will consider that they may lose the case, and therefore may consider reducing a DWI charge when: 1) The defendant looks...
You ask if you can get probation in Dallas County if you have no prior record and have been charged with embezzling $3,000.
I agree with what the others have stated. I'm working on a similar case right now in Dallas county. The amount stolen in this case was $5,995. I'm trying to get the assistant district attorney to dismiss the case outright if my client pays the full restitution amount up front. Unfortunately, my client gave a full confession upon arrest, and the prosecutor is...
First of all, there is no such thing as the "CITY of Dallas County."
In the Dallas County criminal courts, no driving record is needed for an ODL. This is where misdemeanor DWI cases are filed. ODLs for a felony DWI are filed in the Dallas County District courts. They do require a driving record.
ODLs are confusing even to lawyers. You could try to do one yourself, but you should probably hire a lawyer.
Best of luck to you!
You ask if your brother will do any jail time for a second offense DWI, considering that he is still "technically" on probation on his first DWI - because he hasn't completed his community service*.
The answer depends on several factors, not the least of which are: 1) Is he still on probation (technically or otherwise), 2) Can you beat the new DWI charge? Those are the first questions which need to be addressed. I'm not sure what you mean by him being "unsatisfactorily discharged from...
I hope that your question is a hoax - just to see how many lawyers will take the bait and respond to your question.
If you are serious, God help you. Enjoy the rest of your days in prison.
Either get a court appointed attorney NOW, or hire one. If you want to try your hand at criminal litigation, go out and get a traffic ticket.
You need a lawyer.
It would seem highly unlikely that law enforcement would pursue such charges, but never say never. Law enforcement can pursue whatever charges they want.
Clearly the three year affirmative defense would apply in this situation, so I can't imagine the DAs pursuing these charges.
The parents can squawk all they want - the older party has an affirmative defense to prosecution - end of story.
The judge is supposed to appoint you an attorney if you are indigent (poor, and without resources to pay an attorney). As a practical matter, however, some judges are pretty strict in their determinations on who qualifies as indigent. For some, the fact that you have made bond and have a job will keep them from appointing a lawyer for you.
You need to consider that in Texas, any DWI result other than a dismissal, or a not guilty verdict, results in a permanent conviction that will be on...