Bristol C. Myers’s Answers

Bristol C. Myers

Austin Criminal Defense Attorney.

Contributor Level 8
  1. Can a person with a DUI charge, considered a Felony due to an injury get probation only. (first time offender)

    Answered almost 2 years ago.

    1. Bristol C. Myers
    2. Christian K. Lassen II
    3. Jim Mitchell Medley
    4. Evan Edward Pierce-Jones
    4 lawyer answers

    Yes, you can get probation on an Intoxication Assault case. One way to go about it is negotiate a favorable plea agreement with the prosecution. However, in cases like this, a large part of the prosecution's decision making surrounding the plea agreement will hinge on the attitude of the injured person. In the event that you are unable to reach a palatable agreement, the other way you can get probation is from a jury during the sentencing phase of the trial. A jury can give probation if you...

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  2. Driving a Company Car with IID on Personal Car?

    Answered 6 months ago.

    1. Bristol C. Myers
    2. Daniel Lee O'Neil
    3. Gary Churak
    4. Christopher Daniel Leroi
    5. Gene Raymond Beaty
    6. ···
    6 lawyer answers

    Texas Code of Criminal Procedure Article 42.12 §13(i), which deals specifically with IID requirements on DWI probations, allows an "employment exemption" from the IID requirement if you are: 1) required to operate an employer-owned vehicle as part of your job, 2) your employer has been notified of your IID requirement, and 3) proof of notice to your employer is with the vehicle. This exception does not apply to the self-employed. There is a similar provision for employer-owned vehicles in the...

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  3. I was recently arrested for suspicion of DWI, although I felt totally sober. Did my eagerness to prove my innocence hurt me?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Gene Raymond Beaty
    3. Bristol C. Myers
    4. David N. Smith
    5. Jacob Robert Jenkins
    6. ···
    6 lawyer answers

    To answer your question, your eagerness to prove your innocence probably helped you here. I'm not one to encourage a lot of cooperation with the police, particularly when they suspect you of a crime. But in my experience, most people who come to me with a BAC of .09 end up looking pretty sober on the patrol car video. The fact that you had a rookie administering the field tests is an added bonus because they tend to be nervous themselves, make mistakes that can cast doubt on the tests, and make...

    4 lawyers agreed with this answer

  4. Am I Facing jail time for 2nd DWI in Travis County,Texas.

    Answered over 2 years ago.

    1. John M. Gioffredi
    2. Bristol C. Myers
    3. Patrick T. Donovan
    3 lawyer answers

    Unless you have other criminal history or bad DWI facts (collision, super high BAC, abusive to the cops) then it is unusual that you're only being offered jail time. Probation is almost always on the table in DWI cases, even felonies. There was a time a few years ago where the County Attorney would only offer 180 days in jail on DWI 2nd but we'd just set them for trial and they'd cave in at the last minute and agree to probation. Now, having said all that, the law requires a judge to impose...

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  5. How long does it take to expunge arrest record for dwi that was dismissed and refiled as obstruction.

    Answered over 2 years ago.

    1. Bristol C. Myers
    2. Gene Raymond Beaty
    2 lawyer answers

    I've gotten expunctions for clients numerous times in Travis County who have been in this exact same situation. The prohibition against expunctions of offenses arising from the same criminal episode is confined to the somewhat rare circumstance where there is an acquittal on one or more charges, but the petitioner remains subject to prosecution for other charges stemming from the same criminal episode. This is not applicable to your situation because by the time you're eligible for the...

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  6. Should I pursue early release for deferred adjudication probation and what are chances.

    Answered over 1 year ago.

    1. Bristol C. Myers
    2. Parker Price Polan
    3. David N. Smith
    3 lawyer answers

    A judge can release you from Deferred Adjudication at any time, as opposed to regular probation, for which you must serve at least 1/3 of your term. Even so, when a DWI was the underlying offense, most judges in Travis County will make you serve at least half the term, whether you are on deferred adjudication or not. Assuming you have no other criminal history and assuming all else has gone well during your term of supervision, you've probably got a good shot at getting off early. Once a...

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  7. Does the dea have probable cause to search for spice if they find credit card record of purchase from gas pipe?

    Answered 4 months ago.

    1. Bristol C. Myers
    2. Cynthia Russell Henley
    2 lawyer answers

    Too much information is missing from your question to provide a complete answer. How has the DEA come across this credit card record? What led them to look for it in the first place? When in relation to their intended search did they find it? Where in relation to the place or person to be searched did they find it? I could go on and on, but I think you get the idea: BY ITSELF it is highly unlikely a credit card record would support probable cause, but placed into the right circumstances it...

    3 lawyers agreed with this answer

  8. I got two dwi's back to back just a few months apart when I was 24. I am now 35 and have a dwi 3rd pending.

    Answered about 1 year ago.

    1. Macy Michelle Jaggers
    2. Gene Raymond Beaty
    3. Stephen A. Gustitis
    4. Bristol C. Myers
    5. Christopher Coppola
    5 lawyer answers

    Absent prior felony convictions you are probation eligible by law. That doesn't guarantee it, but it's pretty common that a 3rd DWI (assuming guilt is a foregone conclusion) will get probation with a period of jail time as a condition, but not go to prison.

    3 lawyers agreed with this answer

  9. On 10 year probation, Revoked probation at 9 years 11 months due to a DUI. What is the maximum penalty?

    Answered over 2 years ago.

    1. Gene Raymond Beaty
    2. Bristol C. Myers
    3. Richard Timothy Jones
    4. Stephen A. Gustitis
    5. Evan Edward Pierce-Jones
    5 lawyer answers

    To answer your question directly, the minimum sentence for a 3rd Degree Felony in Texas is 2 years in prison, and the maximum is 10 years. Assuming the worst, that your father-in-law's probation will actually be revoked and that he is sentenced to prison, he will be eligible for release from prison on parole when the actual number of days he serves (his "calendar time") plus any credit for good conduct in jail/prison (his "good time") equals one-fourth of his imposed sentence. Please note...

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  10. Does statute of limitations start from the date of the crime or the date of the arrest warrant?

    Answered over 2 years ago.

    1. M Elizabeth Gunn
    2. Bristol C. Myers
    3. Robert David Richman
    3 lawyer answers

    The statute of limitations for felony theft is 5 years from the date of commission of the offense. This does not mean the State has 5 years to find you, arrest you and bring you to court. It means the State has 5 years in which to seek an indictment against you. If you have been indicted, the statute of limitations is tolled (stops running), and the warrant will not go away until either: 1) the prosecution dismisses the charges, or 2) you are arrested and post bail or otherwise appear in...

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