| 1. |
|
| 2. |
|
| 3. |
|
intox indictment with b.a.c. of 0.000
Texas
Viewed 176 times.
Posted about 1 year ago in DUI / DWI
Flag as objectionable
i was arrested for intox charges, but my blood test came back 11 days after and yet this texas county north of dallas indicted me some 3/4 months later and it went almost to the trial date before the judge dismissed it. i know they can do anything they want, but how can the d.a.'s office pursue this charge? of course, now i cannot expunge because it never went to trial. just cost me my life savings and the county a chunk of change as well. they tried lesser charges but jury said no. with no restitution it sure seems unfair. malicious prosecution suit would just cost time and more money...appreciate your time and any thoughts you may reply with. corporate america's greed and power trip is making its way to those who had ideals of protect and serve. thanks
Answers (3)John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
Flag as objectionable
I don't practice in TX but in CA we have a procedure that allows you to have your records sealed and destroyed if you can prove you were factually innocent of the charges. I'd bet TX has something similar. Consult a lawyer and make t clear that you are not after an "expungment" but a finding of factual innocence.
Good luck! Dax Ian Garvin
This attorney is licensed in Texas.
Posted about 1 year ago.
Flag as objectionable
To answer this question, I would have to ask you several questions, and I do not want to violate any privileges by having you provide information on this site. But, if you can generally provide some information, I may be able to help you out. 1) What was the intox charge--DWI, DUI, PI or something else? Intoxication may be proven by a loss of the normal use of your mental or physical faculties, regardless of what your BAC shows... .08 or above is just "per se intoxicated". The latter is probably how the DAs office pursued the charge.
Mark W. Bennett
|