James Richard Butler’s Answers

This question is best answered by an attorney who practices DWI law in Austin. There are several Austin DWI lawyers who post regularly here, and they can best answer your question, as all judges have different proclivities. In Houston, you could have the in-home device removed if you had the interlock device installed in your vehicle. Typically, it is an either or proposition. There is only one judge I can think of, who routinely requires both. Hope this helps

It depends on how bad they want you. They can dismiss and refile within two years of the date of the offense. The officer can file an amended offense report and cure the probable cause issue. There is no "double jeapordy" because no jury was sworn in. Hopefully,they will let it go. Good luck.

First and foremost, I hope you are O.K. You did not mention how much time had passed from the time of the accident,to the time that you called the police. If you were sober (no alcohol), wrecked your car, and then went inside your house and drank while waiting for police to arrive, that is not DWI. In Texas,they must prove intoxication at the time you operated. As my colleague mentioned, the Officer apparently believed he or she had circumstantial evidence to warrant probable cause to arrest....

There is an assumption that if you can make bond,you can hire a lawyer. Court Appointed Attorney's are almost always reserved for those who are incarcerated. That being said, he can always present an affidavit of indigence to the court,and request appointed counsel. I wish you and your family the best. Houston DWI Attorney Jim Butler

I have had this happen in my practice. The last time it happened, there was a five second lag in the soundtrack. It turned out to be a bad copy of the master tape. Ask the Djstrict Attorney to view the master tape. If there is still a lag in the audio or if there are other problems with the tape, then you may have grounds for keeping the jury from viewing that tape. The question will be whether the probative value of that tape is outweighed by the prejudicial value of the errors in the tape....

Congratulations are in order for doing well on probation. The short answer is yes, you can transfer your probation, but you will need your Supervising Officer’s permission, and the Court must approve of the transfer. The process takes time, so I suggest you make your request as early as possible. Based upon what you have told us, it appears you are eligible for transfer. Both Texas and Georgia are member States of the Interstate Compact. The Interstate Compact for Adult Offender Supervision...

First and foremost, your brother needs to tell law enforcement that he wishes to speak to an attorney, and that he refuses to speak to them or say anything without his attorney being present. If he is indigent, he needs to fill out an affidavit to that effect and request appointment of counsel. Then he needs to resist the urge to talk. Next, the issue in Texas possession cases is whether the State can prove that he had actual care, custody, control or knowledge of the thing he allegedly...

I understand your concern about the interlock violation. The DIVERT program was contractual in nature and entered into between you and the District Attorney's Office. The newly elected District Attorney did away with the DIVERT program as one of his first orders of business. That should give you an indication of how well an interlock violation will be received by their office. That being said, I would need to know more information about your case. Were you locked out of your vehicle? If so,...

I agree with Mr. Smith's answer. I would also suggest that you speak to an attorney about modifying the conditions of your probation, to reduce the number of AA meetings you are required to attend. I would wait to do this after I had developed a history of compliance with all of the terms and conditions of my probation, and had earned the trust of my probation officer. You will need their support when you seek modification of the conditions of your probation. I hope this helps. Good luck.

That is 6/1000's of a gram that was detected. Yet another example of why it is so important to strictly follow the list of things you can and can not do with one of these devices installed in your vehicle. I would hope this violation would only warrant a stern admonishment from the judge.As you were not locked out, you may have "dodged a bullet."