Submitting ALR paperwork, proof of submission? In person or telephonic?:
Earlier this week, I as arrested for DWI in Dallas, Texas
I’m in the process of looking for a DWI lawyer.
However, I probably will not have one chosen by the time I need to submit the paperwork for an ALR hearing.
I was told I could submit online and the link is:
https://www.txdps.state.tx.us/DriverLicense/cus...
The website looks like of "spare" and I wondered what kind of confirmation of submission I would receive.
I called TXDPS and the lady on the phone said if I submit online, there would be no confirmation.
However, she did say that if I FAX’ed in the ALR form, my proof of submission would be my FAX confirmation date/time.
I plan on using the online form as a template and FAX’ing in.
I figure by the time of the hearing (it can take 30-60 days), I should have a lawyer by then.
If I FAX in the form, should I select “in person” or ‘telephonic”?
Any suggestions or thoughts would be greatly appreciated.
Best Regards.
Dan
Wesley’s answer:
Choose the in-person hearing. If you hire an attorney, he/she can get a lot of useful information from questioning the officer in person that would not be possible through a telephone conference, and you definitely need to hire an attorney to represent you at the hearing. ALR Hearing is very important for defending against the later criminal charge, so make sure you have an attorney lined up by then.
Also, you should think about asking around for a good form to use for requesting your ALR Hearing. I request discovery in the same document, which allows me to get everything faster. If you don't already have one or know someone who does, then just send me an email, and I will send you what I use. Good luck with everything.
Is it legal for a police officer to report DWI to a university?:
My boyfriend was recently dismissed from his medical school based on a tip from someone reporting his DWI. Upon reviewing the DWI video, the officer clearly tells my boyfriend that he is going to personally call his medical school and tell them about it because he was being uncooperative with a blood draw. His medical school sat on this information and then blindsided him 8 months later as a reason for dismissal. They even alluded to having knowledge about things that happened in the hospital based on what the officer told them.
Are events that happened in the ER considered health protected information? Does this apply to police officers? My boyfriend has not been convicted of anything at this point. It's a shame for him to be 250 k in the hole when he has since dealt with his addiction
Wesley’s answer:
I can definitely answer at least part of your question. No, events that happen in the ER are not covered by the physician-patient privilege when it comes to the police officer. That privilege is very limited in criminal cases and would most likely not be able to be asserted even in a civil claim against the officer or hospital. Whatever your boyfriend said or did that was observed by the officer is fair game because the privilege only protects the information disclosed to the treating physician (licensed doctor or nurse) that is not also disclosed to third parties.
If your boyfriend's DWI case is still pending, then he may be able to use officer's statement in the ER to fight the blood evidence from coming in at trial. There is a lot of information that would be necessary to determine whether coercion could be shown and whether it would even be relevant, but it is something that should be explored by the defense attorney in the case. It is definitely very important that your boyfriend fight the DWI charge if he wants to have a future in the medical industry. It's not impossible for a person to make it in the field with a DWI on their record, but it certainly makes it tough. Hope this helps, and I wish you both the best.
I got a Dui in 2013 driving to my back doctor my prescription soma I took way to many I didn't relize I was in so much pain.: I've never been in trouble with the law, they took a blood test on me. That happen in October 2013 I had my 3rd back surgery Dec 2013. Is there a chance I go to jail.
Wesley’s answer:
1st, you need to hire a DWI attorney who has experience in defending against "drugged driving" cases, specifically those that involve prescription drugs. Your attorney will be able to evaluate the facts of your case, compare the facts with the current law, and then suggest both defenses and possible consequences of conviction.
If your only question is whether you will have to go to jail if convicted, the answer is it depends... There is a lot of factors that have to be considered for DWI punishment in Texas. The county in which you were arrested, the knowledge and skill of your attorney, the individual prosecutor involved, and the current Texas statutes all play a part in answering the question. Texas Penal Code section 49.04(b) says that a person convicted of a DWI 1st must spend at least 72 hours in jail. If you are charged in Collin County, however, your attorney would probably be able to work out a plea deal with the D.A.'s office that would allow you to avoid jail time.
So get an attorney, ask them to explain what the average plea deal in your county is, and then let them either work out the best deal possible with the prosecutor or defend you against conviction through trial. The last thing I will mention is that DWI convictions are very serious because of how they affect your future. Jail time is the least of your worries, and this should be explained to you by whatever attorney you choose to hire. Hope this helps, and I will keep you in my prayers.