Kyle Christopher Simpson’s Answers

Kyle Christopher Simpson

San Antonio DUI / DWI Attorney.

Contributor Level 8
  1. DWI open container, Dallas - Illegal stop?

    Answered over 1 year ago.

    1. Kyle Christopher Simpson
    2. Richard Timothy Jones
    3. Bradford Ryan Kvinta
    4. Ryan Alexander
    5. Jasen Bodie Nielsen
    6. ···
    6 lawyer answers

    I view interactions with law enforcement as a time line. The actions of the officer at each point along that line that were constitutionally permissible. The first point of observation was of your driving. "Driving around the corner fast" is a subjective opinion of the arresting officer. The first step is to determine whether you committed a traffic offense in his presence to justify his next action, initiating a traffic stop. Texas statutes require drivers to make turns as practically as...

    4 lawyers agreed with this answer

  2. My friend is on probabtion in Oklahoma He was 2yrs supervised. 3yrs unsupervised. N now He got arrested in Tx

    Answered over 1 year ago.

    1. Kyle Christopher Simpson
    2. Evan Edward Pierce-Jones
    3. Patterson S. Weaver III
    3 lawyer answers

    Unfortunately yes. When he was granted probation in Oklahoma, the supervising judge ordered that he comply with certain conditions of probation for the Oklahoma offense. The first condition of any probation is that he not commit any subsequent offenses while on probation. The supervising probation officer in Oklahoma will ultimately be made aware of his new arrest. He needs an advocate attorney to communicate with Oklahoma Probation. What doesn't make sense is that the detective and CPS in...

    3 lawyers agreed with this answer

  3. In a DUI arrest, is it common for the CHP not to cite you for reason behind the initial stop? Could I use that in my defense?

    Answered almost 3 years ago.

    1. Kyle Christopher Simpson
    2. John M. Kaman
    3. Joseph Briscoe Dane
    3 lawyer answers

    As stated in the previous answer, the officer has no duty to issue a ticket for the original violation. In fact, seasoned police officers typically don't issue tickets in these situations. If you had received a ticket, you would have had an opportunity to challenge that ticket in a different court than the one handling your DUI. If a judge or jury finds that you didn't commit the offense that the officer lists as his intial reason to pull you over, the police officer's DUI case could have...

    Selected as best answer

  4. My question is if you get a criminal record for a speeding ticket will that affect my husband getting a job?

    Answered over 1 year ago.

    1. Evan Edward Pierce-Jones
    2. Bart Charles Craytor
    3. Michael Taylor Meehan
    4. Kyle Christopher Simpson
    4 lawyer answers

    Don't put the cart before the horse. Your husband does not HAVE to do anything. He has options. DPS is the Custodian of Criminal Records in the State of Texas. Employers who run criminal background checks typically only receive records of criminal offenses that carry potential jail punishments. This includes Class B Misdemeanors and above. Your husband received a Class C misdemeanor, an offense only reported on a Driving Record. Class C Misdemeanors carry only fines as potential...

    1 lawyer agreed with this answer

  5. I am Charge with burglary of habitation deferred probation for 5 years. How would I get early termination or dismissed

    Answered almost 3 years ago.

    1. Kyle Christopher Simpson
    2. Nathaniel Lewis Miller
    2 lawyer answers

    In Texas, you are able to get an early termination for all types of probation other than DWI and 3g offenses. Since you do not fall in either of those categories, you are eligible for early termination. You must first complete all of the requirements ordered by the court as conditions of your supervision (community service hours, classes, fines, etc.). You can then petition the court for early termination.

    1 person marked this answer as helpful

  6. How long does it take to get a administrative license revocation hearing in Texas, arrested on July th 11th?

    Answered almost 3 years ago.

    1. Cynthia Russell Henley
    2. Nicholas Ryan Poehl
    3. Kyle Christopher Simpson
    4. Shannon Willis Locke
    4 lawyer answers

    I recommend that hearing requests be made via fax rather than over the telephone. This is my practice so that I can verify with documentation that I have made a timely request in the event that DPS claims that none is on record. You should supplement your telephone request with a fax to DPS. In your supplement you need to make sure that you have also requested discovery. You should also call DPS to see what the hold up is. When you finally receive notification of your hearing date, it is...

  7. Problems with interlock system?

    Answered almost 3 years ago.

    1. Kyle Christopher Simpson
    2. William G. Mason
    3. Cynthia Russell Henley
    3 lawyer answers

    Hopefully you don't get a copy of your violation report. Reports are typically only produced to you by the probation office if a Motion to Revoke your Probation has been filed. If filed, your report will show each violation accompanied by a date and explanation of the violation. Violations occur for many different reasons, but typically are generated by a positive Blood Alcohol Concentration. If a positive reading registers on the device, you will be allowed to submit your breath specimen...

  8. HOW CAN I FIND OUT HOW MUCH TIME A INMATE HAVE TO SERVICE.

    Answered almost 3 years ago.

    1. Cynthia Russell Henley
    2. Kyle Christopher Simpson
    2 lawyer answers

    The answer will depend on what type of charge the inmate was convicted of. If convicted of a misdemeanor, the inmate will serve time in a County Jail. Most Counties allow inmates to receive 2 days credit for every day that they serve in custody. That credit can be increased if the inmate is considered a trustee. If convicted of a felony, the type of offense will determine when that inmate is eligible for release on parole. For example, if convicted of a 3g offense, the inmate will not be...

  9. I just got a dui , i am out on parole , been for ten months..first dui ever..i have a blue warrant

    Answered almost 3 years ago.

    1. Gene Raymond Beaty
    2. Charles Elwood Soechting Jr.
    3. Kyle Christopher Simpson
    3 lawyer answers

    You have two issues that you need to address. The blue warrant will be executed very quickly and you will not be able to get a bond set after you are arrested. You need to consult with an attorney who will be able to handle your parole revocation hearing and your DWI case. The parole revocation hearing will be a good opportunity to cross examine the arresting officer and determine how strong the DWI case is against you. Your attorney will also be able to appeal your license suspension and...

  10. Do i have any chance in my 1st offense dwi case?

    Answered almost 3 years ago.

    1. Kyle Christopher Simpson
    2. M. Irene Wilson
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    Your chance at winning a DWI trial depends on what evidence the prosecuting attorney will be able to present at a trial. Here, the fact that the police officer first came into contact with you while you were passed out at a stop light and later refused to submit a specimen of breath or blood will clearly be the strongest evidence that will be presented to a jury. You will be able to mitigate with evidence that you worked that day as long as you did. Physical signs of exhaustion can certainly...

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