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Kyle Christopher Simpson
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Kyle Simpson’s Answers

25 total

  • What is the safest BAC to not get charged with a DWI if? If the BAC is not a zero.

    What is the safest BAC to not get charged with a DWI if? If the BAC is not a zero.

    Kyle’s Answer

    Texas law has 3 definitions of intoxication. 1 & 2 involve the loss of normal mental and physical faculties. Legalese definitions. They relate to a subjective standard applied by law enforcement who are subjective to begin with. Opinion based offenses. The third definition of intoxication in Texas is the per se definition of .08 blood alcohol concentration. This is an arbitrary number that statutorily applies to all Texas drivers. The best BAC is the BAC that an expert witness is unable to testify to the jury beyond a reasonable doubt that the driver was above a .08 at the time of driving. If the prosecutor is unable to provide his expert with sufficient facts to determine what the BAC at driving actually is, the expert will be unable to tell the jury beyond a reasonable doubt what that number is. The breath test result is collected at some point after driving occurs. I have had cases where the state has proven as high as a .16 BAC at some removed point after actual driving. Without proper further information being provided to the expert, she could not testify beyond a reasonable doubt that the driver had a .08 or higher while driving.

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  • Am i eligible for the deferred adjudication program for my first dwi, i am 20 years old.

    I received the dwi in december and the trail is still going on, I have not gotten a lawyer yet simply because I do not have the funds as of now. I was wondering if I have to get an attorney to be eligible for deferred adjudication, as this is my f...

    Kyle’s Answer

    Texas law does not permit deferred adjudication for DWI related offenses. However, different prosecuting offices have options available to negotiate around existing statutes to help you arrive at a desired position. Some offices offer pre trial diversion programs which include an agreement between you and the prosecutor's office. If you abide by its terms your case will be dismissed without going before the judge. Another option is negotiating a plea to a different offense than a DWI. In this situation, your agreement will be with the court to abide by certain conditions during your supervision. If your supervision is classified as a deferred adjudication, your case will be dismissed upon satisfaction of completion.

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  • DWI open container, Dallas - Illegal stop?

    arrested last month for DWI with open container - several empty beer cans in back, no alcohol in the vehicle. Pulled over for "you turned that corner fast back there" I made a right turn at an intersection with a dedicated turning (with isla...

    Kyle’s Answer

    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 possible to not come to close to a curb. For the officer to justify his detention, he must be able to articulate that your action was dangerous. If you can demonstrate that this was not a valid reason to initiate the stop, you have a fighters chance. Must be done in an unsafe manner.

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

    My husband received a speeding ticket back in May when we arrived from the UK. It looks as though he will have to plead guilty to it, even though he knows he was not doing the speed the policeman claims.

    Kyle’s Answer

    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 punishment. There are many options that your husband can pursue that will avoid a conviction. Texas Municipal and Justice Courts offer deferred adjudication and drivers safety courses (defensive driving) as alternatives to convictions. In addition, your husband can request a jury trial to present his side of the situation. Most potential jurors have received similar tickets and have wanted to contest them. This type of case presents a unique setting, jurors who identify with the accused more than the police.

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

    For injury to a child. But he cooperated with the detective amd Cps n they know it was a mistake. They let him turned himself in so it was a book in book out. Can he get arrested for the probation inOklahoma while he's in t X

    Kyle’s Answer

    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 Texas walked a warrant if they in fact believed that they were mistaken. The Oklahoma prosecutor handling his potential motion to revoke probation does not need as much evidence to prove the probation violation as the prosecutor in Texas will need to prove that a criminal offense actually occurred. These issues often prove to be time sensitive. He needs to meet with an attorney as soon as possible.

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  • Can plea bargains offered by PA be stated during a trial?

    I was indicted in 2010 for 2 counts of sexual assault and 2 counts of sexual abuse by a 15 yr old, and elleged crime occurred apparantly the day before her 16th birthday (WV). The PA office sent two plea letters to my PD's office, offering to firs...

    Kyle’s Answer

    Plea bargaining negotiations are not admissible and therefore can't be commented on during your trial. Your attorney will need to focus on the reasons why he believes the charges are weak and make an effort to expose them at trial.

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  • Is a plea bargain considered a conviction?

    is a plea bargain considered a conviction? On a job application it asked have you ever been convicted of a crime. if you took a ple-bargain is this the same as a conviction?

    Kyle’s Answer

    It depends on what type of probation you received. If you received a type of probation that upon completion your case is dismissed without being found guilty, you will not have been "convicted". In Texas, this type of probation is called "Deferred Adjudication". However, if the judge found you guilty when you entered your plea, assessed a jail sentence and placed you on probation in lieu of sending you to jail/prison, you have been convicted. You should contact the attorney that handled your case for details.

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  • Do I plead guilty or not guilty to my MIP?

    Last weekend i was on my way back to my dorm after being at a party. on my way into the building i fell and hit my head on a glass door, cracking the glass. i was concussed and couldn't name the president of USA. the college cops were called and ...

    Kyle’s Answer

    In Texas, a prosecutor must prove "possession" to prove that a Minor was in Possession of alcohol. Possession is actual care, custody or control of whatever object someone is accused of possessing. The facts that you have presented would not be sufficient to charge an individual in Texas. I do not know how the statute is drafted in Michigan, but it sounds like you have a solid case for a Minor in Possession charge. You will have potential issues under a Public Intoxication or Consumption charge.

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  • Is it possible for me to get my fake ID charge dropped?

    I was recently charged with drunk in public and possession of a fake ID. I did not present the ID to the officer, he went through my wallet and found the ID. Is it worth for me to plead not guilty to the fake ID charge?

    Kyle’s Answer

    You should consult with an attorney in your area to handle your case. The prosecutor handling your cases has the ability to negotiate. You want to avoid a conviction if possible. The police officer needs to be able to articlulate a legal reason to search you or your wallet. If you have a fightable case on the facts of the underlying public intoxication charge, you may be successful on having both charges dismissed. If not, your attorney will probably be able to negotiate one of the cases being dismissed for small probation on the other.

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

    ALR was requested within the 15 days and was told that i would recieve a hearing date the in mail within four to six weeks. Called on 9-16-11 and still no hearing, its been 10 wks now.

    Kyle’s Answer

    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 incumbent on you to properly subpoena the arresting officer. If not, he will not be present and the Administrative Law Judge will decide your case by the police report alone. In that case, you will not have the opportunity to ask the officer questions. I would consult with a local attorney.

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