Answered 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.
James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people... more
James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.
Answered 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.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
Answered 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.