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I have a question regarding DWI cases. Can I ask someone here for advice?

San Antonio, TX |

My husband got 2 dwi's over 4 years ago. Completed everything required honorably. Was given a case for possession under 1 gram a while later, completed and honored all of this as well except for the fact that he was on his last month of probation and was arrested for a DWI because of refusal to blow. He was MTR on the possession and sentenced 2 years. 6 mnths for the MTR and the rest for DWI since he accepted that deal. My attny is very busy but what do you think we are looking at he was taken on monday to county (last monday) and he is still there. is it possible for him to fall under the 1244a or b?

Attorney Answers 3

Posted

All off that would have been done at or before sentencing. Also, a 3rd DWI is a 3rd degree felony, so 12.44 would not be applicable.

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Asker

Posted

Thank you very much. That helped. One more thing. Is there a way for me to find out if he is being moved from county to state - He is serving for both I am just really confused and our lawyer who i hired is always busy. They said something about giving him back time from dec until his date of incarceration on top of whatever time he serves but i cant confirm this.

Asker

Posted

Thank you for your earlier response, I appreciate your time.

Posted

I don't understand your question. I thought you said he was already sentenced?

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.

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Asker

Posted

He was I didnt know if any of these were still options. Sorry.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

It sounds like that ship has sailed. A 12.44 may have been an option on the possession case, but it sounds like his attorney couldn't talk the DA into it.

Asker

Posted

Thank you.

Posted

Your fact pattern is confusing. IF SENTENCING HAS ALREADY HAPPENED AND If he was sentenced to pen time, and he has no prior pen trips, then he might be able to apply for shock probation. If sentencing has not already occurred, then there are more options available to him. However, based on your fact pattern it is not clear what is actually going on.

This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.

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