Hi, my attorney requested an alr hearing in harris co Texas, however he said I don' need to be present. Is this true?

Attorney answers (5)

1. Licensed in TX

   

   M Foley

   Galveston Family Law Attorney

   Contributor Level 18

   8

   Lawyers agree

   Best Answer

   chosen by asker

   Answered January 24, 2013 11:21. That can definitely be true. That's probably a strategic decision on your attorney's part to avoid the possibility of the ALR attorney calling you to testify, which she can do if you appear for the hearing (because it's technically not a criminal proceeding). Beyond whether you agreed to take a breath test or not, the only subjects that should be addressed at an ALR hearing are whether the officer's involvement with you was legal to begin with (usually whether what he or she saw you doing while driving before the stop constitutes legal grounds for a traffic stop), and whether there is evidence that you were intoxicated (and for this, they don't have to prove that beyond a reasonable doubt). Unless there's some unusual fact situation involved, there's probably not any reason why you would need to testify, and you can't get in trouble for not being there.

   • Mark as helpful
   • Flag
2. Licensed in TX

   

   Gene Beaty

   Plano DUI / DWI Attorney

   Contributor Level 13

   6

   Lawyers agree

   1

   Helpful vote

   Answered January 25, 2013 11:31. Yes, as a general rule, it is bad to have client present at the ALR hearing. You can be called as a witness by the DPS attorney and perhaps lose a case that your lawyer could have won if you had not been there.

   • Mark as helpful
   • Flag
3. Licensed in TX

   

   James ButlerPro

   Houston DUI / DWI Attorney

   Contributor Level 10

   

   EmailVisit website

   6

   Lawyers agree

   1

   Helpful vote

   Answered January 25, 2013 14:11. Yes,it is true. Trust your lawyer.

   James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people... moreJames R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas. less

   • Mark as helpful
   • Flag
4. 

   Rixon Rafter

   Fairfax Litigation Lawyer

   Contributor Level 20

   4

   Lawyers agree

   1

   Helpful vote

   Answered January 24, 2013 17:43. I have seen new lawyers in a panic when their client shows up against instructions and the opposing counsel the party to the stand, which they can do if you are there.....follow your attorney's advice and next time, ask him/her why they are recommending something.

   READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... moreREAD THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation. less

   • Mark as helpful
   • Flag
5. Licensed in TX

   

   Don Karotkin

   Houston Medical Malpractice Attorney

   Contributor Level 15

   2

   Lawyers agree

   Answered January 25, 2013 11:32. This is not a professional ethics question. Accordingly, I have edited the practice area you specified so that you will receive responses from lawyers who specialize in criminal defense in general and DUI defense in particular. As a professional ethics lawyer with no expertise in criminal law or DUI, I am unable to answer your question.
   
   Good luck.

   • Mark as helpful
   • Flag