Dwi was in Texas, 3rd felony .
The decision of the administrative law judge is not binding on the trial court. ALR cases can be dismissed for a variety of reasons which have nothing to do with the case in chief. Was there a hearing? Or was the case dismissed for other reasons? Sometimes the DPS petition to suspend your license is denied simply because the officer did not show up. Of course, if an administrative judge found that there was no probable cause to stop you in the first place, this is helpful to your case. It's just not binding on the trial court. Hope this helps.
It's unlikely. The district judge won't care what happened at the alr. ALRs are often won because the officer didn't show up or for a technical reason that has to do with ALR procedures and has nothing to do with criminal procedure. However, if the ALR judge ruled, for example, the traffic stop was based, the district judge may rule the same way. But he doesn't have to. If the officer testified at the hearing, your attorney likely got some valuable testimony that could impact your criminal case. Your attorney should be able to explain this all to you much more specifically with regards to the facts of your case.
It might have an affect. I like to file the ALR order in many cases to try to influence the judge, but I don't know that it ever makes a difference. As Ms Jaggers said, there are too many irrelevant reasons that ALR suspensions are denied, but it can be a good sign for a possible win in the criminal case. There is no way to evaluate its importance without detailed information, so you need to have a detailed conversation with your lawyer.
Get free answers from experienced attorneys.
25,069 answers this week
2,661 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary