This was his second conviction in about 2006, and he plead guilty to it without the benefit of any attorney. He was young and impressionable at the time, and he was told that if he signed the papers, they would release him from jail, so he did wi...
Are you sure there wasn't a court appointed lawyer who took his plea? Whether he represented himself (which we call representing himself "pro-se"), or if he was represented by a court appointed attorney, his attempt to have the second conviction thrown out, and a new trial granted, will be an uphill battle. The attorney you hire on the felony DWI can review the prior judgement's to make sure they can be used to enhance the current DWI charge to a felony. They can also advise you of any post conviction relief you might be entitled to.See question
My husband got 2 nd dwi charge before he was convicted for first. This was 11 years ago and both were convicted together on same day with no contest plea. He was arrested for a new charge this year for third DWI . Can this be considered as his thi...
If your husband was charged with DWI,and while that case was pending,he picked up a second DWI, and if he plead both cases the same day, resulting in two separate convictions, then his current DWI will be charged as a 3rd degree felony. To enhance, you have to have a previous conviction. His second DWI would have been charged as a Class B, rather than a Class A Misdemeanor, because at the time he was charged,he did not have a previous DWI conviction.However, in this case, he has two previous DWI convictions, which will be used to enhance this case to a third-degree felony. Depending on the prosecutor, you can sometimes get them to agree to a misdemeanor. It really depends on the prosecutor, and the facts of the case. You have many great DWI attorneys in your area, I suggest you start calling them to set up a consultation.good luck.See question
I was put on probation for a DWI in January of this year. One of the conditions of my probation was to have the draeger interlock device installed until I had completed my probation. I violated my probation and had it revoked, serving my time in j...
Have your lawyer go to court and get a Removal Order signed. Keep in mind that if your license was suspended, you will be required to have an interlock device in order to drive with an Occupational License.If there was no suspension, then get it removed.See question
My job requires me to drive a company vehicle and I'm currently prohibited from that because of that offense. How can I get a correct answer and I heard it was 6 years till it's removed.
Have your lawyer go to court and get Removal Order signed. Keep in mind that a judge will require an interlock in order for you to drive with an Occupational Drivers License. Hope this helps.See question
My friend had an accident and they did a blood test to check to see if she had been drinking. It was not order by law enforcement. She found out today that even though the accident report says nothing about alcohol being a factor the police sent a...
Yes - but read on. Hospital blood analysis is different from forensic blood analysis used by law enforcement. The hospital test is more of a screening test whose main purpose is to determine whether alcohol is present, which could alter or effect hospital treatment. It uses an enzymatic method which tests serum rather than whole blood. Forensic blood analysis,on the other hand, uses gas chromatography,which is considered the gold standard, and tests a sample of whole blood. They should have used a conversion factor to convert the serum number to a whole blood number. There are numerous issues which can cause an enzymatic blood alcohol test at the hospital,to read higher, than a forensic alcohol test, Including traumatic soft tissue injury, which releases a chemical into the blood that the enzymatic test looks for in determining blood alcohol levels.There are other issues as well including - How was the venipuncture site cleaned? Were they careful not to use anything that contained alcohol? How was the sample stored afterward ? Was there a secure chain of custody ? These issues will be explored by your DWI defense attorney. I suggest you hire one in your area that has experience litigating blood test DWI cases. I hope this helped - good luck.See question
month ago, Now all of a sudden she got a letter from DPS saying her notice of suspension is rescinded? Could it be her blood came back low? This is good news right? Thanks
I agree with Ms. Jaggers. Either she consented to the blood draw and the number came back under .08 ,which is a good thing, or there was some sort of error in the DPS paperwork, and the DPS prosecutor decided to dismiss the ALR case. In Harris County, if the blood number is under 08, they send the blood to DPS in Austin for additional testing for drugs.If there was no DRE exam performed, those results may not be admissible at trial. There are a lot of great lawyers in your area who I'm sure would be happy to speak with you about this case. Best of luck.See question
I was arrested for DWI. I wasn't drinking. I had my medication that's legally prescribed to me by a licensed physician for my severe spinal injury and anxiety disorder in my car in its bottles. They told me I was being charged for a controlled sub...
There are many fine DWI lawyers in your area whom I'm sure would be happy to consult with you about this case. I agree that there's probably no civil case. Best of luck.See question
Will the 2nd dwi in 2015 be counted as a 2nd dwi even though the first one was dropped to obstruction of high way.
Good question. The current DWI will be charged as a first. The ALR will be treated as a second alcohol related contact. I suggest you arrange a consultation with a DWI defense attorney as soon as possible to discuss these matters. Good luck.See question
I have 1 conviction in 2002 for intoxication assault, which I did serve tdc time for. But nothing else is on my record.
They will charge you with a class A misdemeanor. .Your 09 breath test is defensible.You definitely need to hire an experienced DWI attorney to help you with this case. Remember, you have 15 days to request an ALR hearing. This is the hearing that will determine whether they suspend your drivers license. Either you or your lawyer can request that, but please do not forget that deadline. There are many excellent DWI lawyers in your area, and most of them will give you a free consultation. Good luck.See question