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Achmed Mirari Defreitas
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Achmed Defreitas’s Answers

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  • Texas- my son has a court ordered interlock for a dwi but his car has been totaled and is inoperable. How can they Enforce this?

    Harris County, TX. Today, I found out that the court has ordered my son 6 days in jail, 32 hr community service, $200 fine and to install a interlock system on his car for a Dwi he got New Year's Eve. His car is totaled and we have no intention o...

    Achmed’s Answer

    He needs to have his attorney tell the court that he does not have a vehicle. The court will then make him get an in-home device or an anklet. He will not be allowed to drive a car without an interlock, until the court removes the order for the interlock.

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  • What is an average settlement when hit by a drunk driver and sustaining injuries that require therapeutic treatment?

    I was hot by a drunk driver. I've sustained injuries that I am in therapy for now. I was insured so the car is fixed and I have used up all of the money for my medial treatment.

    Achmed’s Answer

    I have worked both on the Plaintiff's side and for the insurance company. As such, I can tell you that there is no such thing as an average settlement with regard to an incident involving alcohol. If the individual was arrested for DWI, the DA should contact you with regard what your position is on the case. In addition, you may be able to obtain recovery from the state's victims funds. The insurance company handling this matter may also affect how quickly the case is settled. The DWI itself, can lead your attorney to negotiate off the basis that a jury will grant an extensive amount of punitive damages. I recommend that you hire an attorney who has experience in personal injury and DWI cases. I wish the best of luck in the resolution of your case.

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  • I bailed a friend out for a dwi in TX he has to do is call and check in if he doesn't what happens will he or I be arrested ?

    it was 1500 bond I paid 150 they say I'm the cosigner, he has to call in every month, if he doesn't will there be a warrant out for our arrestor is this a civil issue? once again this is a misdemeanor dwi

    Achmed’s Answer

    You will not face criminal charges as a result f this matter. Depending on what paperwork you signed with the bonding company, if you did sign paperwork with them, you may face civil liability. In other words, the bonding company may come after you for the remainder of the bond, should your friend take any action that causes a bond forfeiture, which can include failing to call/check in. If his bond is forfeited, a warrant is usually then issued for his (your friend) arrest. Your friend needs an attorney asap to advise him, if he is thinking of not calling/checking in. You may need an attorney to review the paperwork that sets forth whether or not you are a co-signor.

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  • Is it mandatory to have an attorney for my next court date for a dwi?

    I got a dwi recently and my court date has been reinstated to another date. I'm a stay home mom and cannot afford an attorney.

    Achmed’s Answer

    You will have to fill out some paper work with the court to see if can qualify for a court appointed attorney in Harris County, Texas. Otherwise, you can plea without an attorney or the court can set you for trial as a pro se. However, this does not usually work out well for the defendant. You are charged with a DWI, if you do not qualify for an appointed attorney, I seriously suggest you do what you can to hire an attorney to defend or negotiate on your behalf. Best of luck!

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  • I was arrested for my first dui, failed the roadside test, said no to blood test. officer did not explain refusal or sign any pa

    officer did not explain to me the consequences of blood test refusal for dui. Nor did he have me sign any papers saying i refused.

    Achmed’s Answer

    You may not have failed the roadside test, don't just assume that you did. The officer has to conduct the tests appropriately. If the officer did not read the DIC-24 form to you and did not get your signature, that could provide grounds to get the blood evidence suppressed. Sometimes this information is in the video. Additionally, looking into the officers background (employment history and training) may shed some light on whether or not the officer was capable of appropriately conducting a DWI investigation. In short, contact an attorney ASAP to begin investigating your case. Here is a link to what the DIC-24 form looks like if you have not seen it before: http://www.dps.texas.gov/internetforms/Forms/DIC-24.pdf

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  • I have a warrant on an FTA from 10 yrs ago for a DUI in CA. but now live in TX. Will I have to fly back for court to get my lice

    nse reinstated? I failed to complete the DUI school, missed 3 classes in a row. Thanks.

    Achmed’s Answer

    You should get an attorney in California to address this issue.

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  • I have a CDL permit & got a DUI will I be Abel to get CDL latter& how long . I had a DUI also about 25-27 years ago

    Like I said above had DUI 25-27 years ago only had the permit when I got the second one

    Achmed’s Answer

    http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.522.htm - The law on the matter is here. It is section 522.081. Get an attorney immediately. You could be facing a lifetime disqualification. You are going to have to fight this second DWI case. You may have additional issues if refused the tests as well. It is possible to challenge a lifetime disqualification after it occurs, but additional information will be necessary at that time. I strongly suggest you contact an attorney.

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  • Arrested for first dwi with 3-year old passenger

    What would the defense be and am I looking at jail time or what's the least penalty the court may give?

    Achmed’s Answer

    A fine of up to $10,000, up to two years in a state jail, and the potential loss of loss of your driver license for 180 days. Defending the fact that there was a child passenger in the vehicle would be nearly impossible. As for defending the DWI, there could be any number of defenses. Was the blood work done correctly, if you refused the blood test did they get a warrant for your blood. Was there some other cause for your apparent intoxication. If you do not have an attorney, get one immediately. If you do have an attorney discuss this matter with him or her to get a better idea of the defenses that they are preparing for your case. The punishment will depend on what your past criminal history looks like, how intoxicated you were, the age of the child and potential other factors. You could be looking at a probation, but more information is necessary.

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  • How can I find a job?

    I have a hard time looking for a job because I have a burglary charge on me and a fire arm charge on me what can I do to hide them so I can find a good job it's been over or about 10 years

    Achmed’s Answer

    The burglary charge is a crime of moral turpitude and a felony, that is probably the most problematic charge on your record from your description (depending on what the exact fire arm charge is). If the charges are convictions, you cannot expunge or non-disclose them. If they are successful deferred adjudications they can be non-disclosed, which will keep it from most employment searches. The long shot is a pardon, if you have convictions. If you cannot get it off your record start doing some activities that can balance it out that you can place on your resume. Things that will show that you are not that person any more. Volunteer, etc...

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  • What do I have to do or what can I do to get off probation early?

    I've already done A year finish my classes and paid my fines almost done with cs too I signed for 4yrs deffred is there away I can get off early if so how?

    Achmed’s Answer

    It depends on the charge and your history. You cannot get an early termination for a DWI. You seem to have done the key things, getting all of your probation tasks done. Most Judges will not allow for an early termination before at least 50% of the probation is completed. You will need an attorney to get a motion for early termination filed with the court. However, you seem to be a bit premature right now. Check in with a local Dallas-Fort Worth-Arlington attorney. Good luck and good job!

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