Thomas Harlan Swain’s Answers

Thomas Harlan Swain

Austin Criminal Defense Attorney.

Contributor Level 11
  1. My daughter was hit by a drunk driver ... the driver was arrested? my daughter was not taken to the emergency room/

    Answered over 1 year ago.

    1. Thomas Harlan Swain
    2. Macy Michelle Jaggers
    3. John Joseph Eastland
    4. Brian Heath Crockett
    5. Ted Harvatin
    6. ···
    9 lawyer answers

    Your daughter can contact the prosecuting attorney's office regarding restitution. There are also resources available through the Crimes Victims' Compensation Fund. She may also have a civil action against the driver and/or the establishment that may have over served him/her. I have added tags to your question so that it will be seen by civil attorneys.

    8 lawyers agreed with this answer

  2. Felony dwi i blew twice came back error then they took blood 5 hours later can they back track the five hours

    Answered over 1 year ago.

    1. Thomas Harlan Swain
    2. Aaron C. Graham
    3. Todd Bennett Steele
    4. Stephen D Aarons
    5. Donald Gray Drewry
    5 lawyer answers

    First, do not reveal the facts of your case in this forum because your statements can be used against you in your prosecution. These are complex issues, but yes they can look back to the time you were driving. It's called retrograde extrapolation. Blood results have to be sent to a lab for testing so there can be some delay. I don't know how you can be sure that the result will come under .08, but even if it does you can still be charged with DWI. You best course of action is to find a...

    7 lawyers agreed with this answer

  3. I have a question regarding DWI cases. Can I ask someone here for advice?

    Answered over 1 year ago.

    1. Thomas Harlan Swain
    2. Macy Michelle Jaggers
    3. Jodi Soyars
    3 lawyer answers

    All off that would have been done at or before sentencing. Also, a 3rd DWI is a 3rd degree felony, so 12.44 would not be applicable.

    Selected as best answer

  4. Felony dwi i blew twice came back error then they took blood 5 hours later can they back track the five hours

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. Jacob Robert Jenkins
    3. Thomas Harlan Swain
    4. John J. Carney
    5. Paul V. Previte
    6. ···
    6 lawyer answers

    Looks like you asked this question twice by accident. Absolutely take Me. Beaty's advice and get the best lawyer you can right away.

    5 lawyers agreed with this answer

  5. Do I need a lawyer or could I get my DWI charge dumped on my own

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Thomas Harlan Swain
    3. Gene Raymond Beaty
    4. Stephen A. Gustitis
    5. Paul V. Previte
    6. ···
    6 lawyer answers

    You need an attorney right away. You have a lot of legal issues and possible consequences you will need an experienced attorney to advise you on. As my colleagues have said, please do not reveal the facts of your case in this forum.

    5 lawyers agreed with this answer

  6. My cousin is in Harris county jail for avending arrest and a DWI we try to bond her out but she has a hold from ice

    Answered over 1 year ago.

    1. Ryan Joseph Mitchell
    2. Thomas Harlan Swain
    3. Macy Michelle Jaggers
    4. Alexander Joseph Segal
    4 lawyer answers

    You will need to contact an immigration attorney regarding that specific issue in addition to a criminal defense attorney for the criminal charges. I have added tags so that your question will be seen by immigration attorneys.

    5 lawyers agreed with this answer

  7. I just got arrested for public intoxication in texas (first offense, no record)

    Answered over 1 year ago.

    1. Todd Bennett Steele
    2. Shane Peter Phelps
    3. Michael Andrew Garbe
    4. Thomas Harlan Swain
    5. Stephen A. Gustitis
    5 lawyer answers

    You should definitely contact an attorney. In these cases an attorney can appear for you at most preliminary settings. An attorney can help you work towards a dismissal so that you will be eligible to petition for an expunction of the arrest records.

    5 lawyers agreed with this answer

  8. I live in Texas and received a citation for financial responsibility that had just lapsed. Can I get deferred ajudication?

    Answered over 1 year ago.

    1. Frances Jean Moss Sullivan
    2. Thomas Harlan Swain
    3. Roy Mario Rolong
    4. Kiele Linroth Pace
    4 lawyer answers

    You probably will not need an SR22 just because of this new citation. If you do, it would be as a result of some other issue. You can check your DL status at the DPS website. You will want to make sure you have current insurance before going to court. If your insurance lapsed for a short period of time, I would bring proof of that as well. You will likely be able to do a deferred disposition in this kind of case if you wish. Make sure to bring all the proof I mentioned.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I have a ticket on my record from last year, and now I got a second a few days ago, would my license be suspended?

    Answered over 1 year ago.

    1. Thomas Harlan Swain
    2. Michael Andrew Garbe
    3. Ryan Joseph Mitchell
    4. Martin J. Rubin
    4 lawyer answers

    Probably not. Suspensions for being a "habitual violator" require convictions for 4 moving violations within 12 months or 7 convictions for moving violations within 24 months. And even if you have that many convictions DPS is required to give you notice of the suspension by mail at your address on record and give you an opportunity to request a hearing on the suspension issue. There are lots of other ways that you could get a suspension on your license, so I can't say for sure without...

    4 lawyers agreed with this answer

  10. If I'm recognized, can I be charged?

    Answered over 1 year ago.

    1. Thomas Harlan Swain
    2. William A. Jones Jr.
    3. Macy Michelle Jaggers
    3 lawyer answers

    Mr. Jones is correct. You should not share information like this publicly because it is not privileged as a private consultation with an attorney would be. Without more information it's hard to determine the likelihood of any criminal charges. There may not be sufficient evidence to even charge you, but only an attorney familiar with the facts of this situation could tell you. Call an attorney for a short consultation and consider hiring them if needed. And as Mr. Jones noted do not...

    4 lawyers agreed with this answer

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