John M. Gioffredi’s Answers

Your father was recently arrested for a 3rd offense DWI. The previous two DWI cases were in '91 and '92. In this case, there was a minor accident with no injuries. You ask what your father's sentence might be. A DWI 3rd offense is a 3rd degree felony carrying a range of punishment from 2 to 10 years in the pen, and a fine not to exceed $10,000. The sentence may be probated. The fine may be probated as well, but I can't recall seeing that on a DWI 3rd offense. In the Dallas area, it's...

You state that you are on probation for marijuana possession, were taken to the hosptial after an auto accident which occurred two months ago, and now you find out that you have a arrest warrant for DWI arising out of the auto accident. Presumably you were given a blood test at the hospital, but I suppose that it is also possible that you were simply given sobriety tests prior to being transported to the hospital, and the officer formed an opinion that you were intoxicated based upon those....

Since Schertz is basically right next door to San Antonio, just go the the Bexar county criminal court house most any Monday at 8:30 am and ask any lawyer that you see where a DWI trial might be starting. A large county like Bexar will likely have at least 3 or 4 DWI trials starting almost any every Monday. You could also just enter each courtroom individually (there will be several county criminal courts in the building) and ask the bailiff, judge, or court reporter if they will be...

If you are on probation, and the prosecution can prove that you violated your probation, the judge is allowed to take any remedy allowed by law in your state. This can be an extension of your probation, a modification of your probation, or a full revocation of your probation, which would most likely result in a jail sentence of a length to be determined by the judge (again, within the range allowed by the laws of your state). Your first step should always be to consult two or three area...

You ask if a good DWI attorney will be able to overcome your statements to the police that you had "enough" and "quite a bit" to drink in a DWI arrest. If those specific statements can't be suppressed (ruled inadmissible), they will undoubtedly be harmful to your defense. I often tell my clients that more people are found guilty for what they say than anything they did during their arrest. It has been said that confession is good for the soul. That may be true, but confession is lousy for...

Wow. Such an easy sounding question, but such a complicated answer... Texas will almost certainly allow you to have a driver's license, but inter-jurisdictional suspensions can be tricky. You may have to jump through a number of hoops. There are a number of ways a driver's license may get suspended in Texas for a DWI: 1) A DWI 1st conviction, with no probation 2) Failing a DWI breath or blood test (scoring over a 0.15 BAC) 3) Refusing a DWI breath or blood test 4) Failing to pay a...

Assuming that your version of the facts is accurate, it sounds like a fairly certain Not Guilty. But a lawyer may charge anywhere from $750 to $2,500 to do a jury trial for you. And that money can't be recouped. Alternatively, you should be able to keep the offense off your record by requesting deferred adjudication. Assuming that option is available (and it probably would be), the most that should cost you is a $500 fine and maybe $200 in court costs and fees for rehabilitative type...

You ask: Why is a completed probation for burglary of a habitation still on a person's criminal record? When a person is placed on probation, and successfully completes it, that case is "closed." But it still happened, and the law treats it that way. It will be included as part of the person's criminal record - for life. That's why it's called a criminal record - it's recorded! If it was deferred adjudication probation, it won't be a conviction - that's the main advantage of getting...

No. Your marriage doesn't "start over" just because you renew your vows. Your opld marriage certificate remains intact, and you won't get a new one. Renewing your vows is prett much just a ceremonial / romantic thing.

In Texas, the prosecution has to prove that you "drove or operated" a motor vehicle while intoxicated. The DWI statute does not define "drove or operated," so it is a question of fact, meaning that every jury (or judge in a non-jury trial) has to decide whether the prosecutors have proved that you "drove or operated." Some cops think that you "drove or operated" a vehicle if they can connect you to the vehicle in any way whatsoever. Sleeping in your car is good enough for those cops to...