Criminal defenses dwi

Asked over 2 years ago - Denton, TX

what would you think about an inditement for dwi and the Da's only evidense is a police report and that there is no video of the stop nor the station video. being that there are 2 dwi priors years ago. That is all the Da said that she needs!!!! during a trial officers testimony is all they need so take the 7 year plea bargain and get out of here. Does this make any sense?

Attorney answers (5)

  1. M Elizabeth Gunn

    Contributor Level 18

    9

    Lawyers agree

    Answered . As Mr. Foote said, it's hard to look into a crystal ball and predict what will happen in your case based only on these few facts. There are circumstances that might seem like nothing to you that could make a huge difference in whether your likely be convicted if you went to trial and how much time you'd get if that happened. If the DA has gotten to the point of making an offer, you've got an attorney, whether retained or appointed, and you need to discuss the offer with your attorney. It is possible to make a DWI case stick without a video. Not easy, maybe, but certainly possible--before about 15-20 years ago, those videos didn't exist, and cases depended on the credibility of the officer. Same thing applies now if a video gets lost or whatever.

    I have absolutely no idea whether seven years is a good or bad offer in your specific case, but here are a couple of things to think about:

    • Your attorney really is the best person to evaluate whether you stand any realistic chance of being found not guilty if you go to trial. But, just so you know this, while it's theoretically not supposed to affect the issue of whether you committed the offense or not, if you went to trial with either a judge or jury, they'd know going into it about those two prior DWIs (the State has to prove you've got the convictions to make the case qualify as a felony).

    • Unless you've got prior felony convictions, the punishment range for this is 2-10 years, and 7 years is toward the upper end of that. You could always request a jury trial if the argument is that the judge would give you more time than that, and, if you don't have felony priors, you could also request (though not necessarily get) probation.

    • Some sort of intensive, maybe inpatient, treatment program would likely be required if you did end up with probation, and only you know whether you're willing to follow through with that. If you can't comply with the probation requirements, you're of course going to end up in prison anyway.

    • Because this is a DWI, you will not be eligible for deferred adjudication. You might, however, be able to get the case reduced to a misdemeanor DWI if the DA isn't really sure whether they'll be able to get a jury to convict you or not. That might be realistic and might not--again, you need to talk to your attorney. Depending on your job situation, etc., avoiding a felony conviction might even be worth accepting a fair amount of county jail time.

  2. Scott Douglas Marquardt

    Contributor Level 14

    7

    Lawyers agree

    Answered . Listen to Ms. Foley. You need to hire a good DWI lawyer. The terms of the deal vary based on the facts and your prior record. Assuming the state has charged you with a 3rd degree felony, 7 years is the upper end of the punishment range but Denton county takes a hard line against DWI. These and the issues in the other answers underscore the fact that you need to pay the money and hire a lawyer.

  3. Wayne Rodgers Foote

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . This is not a question that we can answer here. Lots of people have been convicted of DWI based on the officer's testimony alone. What matters is what the report says and what defenses you have. Without full information about the case, including a thorough investigation by the defense attorney, no one can give you proper advice about whether to take the plea offer.

    You should NOT post case information here. This is a public forum. No attorney-client privilege applies to discussions here. You might wind up giving the DA enough evidence to convict you.

    What you need to do is hire a very good DWI lawyer NOW. You are facing many years in prison and a felony conviction. If you already have a lawyer, ask your lawyer this question. If you don't like the answer you may want to hire another lawyer for a second opinion. You cannot get a free opinion here that means anything.

    DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT... more
  4. Carmine John Giardino

    Contributor Level 14

    4

    Lawyers agree

    Answered . When you say that the only evidence is the officer's testimony, I am assuming that there is no breath or blood test. If that's true and there's no video, 7 years is too high in my opinion. The state could have forced a blood test on you and it's their burden of proof...not yours. Of course there may be facts that you may have omitted that could cause me to change my opinion, but just going off of what you wrote, 7 years is ridiculous in my opinion. If you go to trial and win, you're done with this matter for good. You can then get the case expunged like it never happened. If you lose at trial and were to get the max sentence, that's only 3 years more than they are offering you now and you wouldn't spend the whole extra 3 years in prison anyway. You would have to serve only a fraction of that depending on what you did while you were in there.

    The fact that you're on here asking us also leads me to assume that you don't have a lawyer. If you have a lawyer, listen to your lawyer. If you don't have a good lawyer, get one ASAP!!!

    This is not legal advice and I am not your lawyer. You should consult with and hire a lawyer immediately to protect you.

    Good luck.

  5. Mark Anthony Correro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The DA will have to call the officer to testify about the stop. Complete refusal cases generally go to trial.

    The information contained in this answer is for general guidance on matters of interest only. Accordingly, this... more

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