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Texas DWI Venue question

Fredericksburg, TX |

If sheriff deputy from county X observes traffic offense within county X and follows crossing county line into county Y continuing to follow into county Y for more than the 400 yards, which law states that offense committed within 400 yds. of either county boundry venue can be laid in either county, and initiates a stop at which time a DWI investigation begins and DWI arrest is made and charged in county X.

Law states...(d) A peace officer who is outside his jurisdiction may
arrest, without warrant, a person who commits an offense within the
officer's presence or view, if the offense is a felony, a violation
of Chapter 42 or 49, Penal Code, or a breach of the peace.

Continued under additional information.

Law continued...an officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code. Question...because DWI investigation started well outside the 400 yard rule, and the officer did not notify law enforcement agency having jurisdiction nor did the law enforcement agency having jurisdiction take custody, would county X be the proper venue?

Attorney Answers 4

Posted

I do not think this fact situation will prove to be very helpful to you. As Ms. Jaggers stated, the officer has statewide jurisdiction when the stop is based on suspicion of DWI. It would also appear that the case could be filed in either county X or Y because the driving would have occurred in both counties. Your best chance for success is to hire an experienced DWI attorney to look at the entire case as soon as possible.

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Asker

Posted

I hired an experienced DWI Attorney, he completely dropped the ball relying on the case to get dismissed based on the venue issue or illegal stop...also no breath or FST...didn't prepare for the case had none of the "technicalities" been present. Trying to decide my next step. Thanks for your time.

Asker

Posted

Yes driving occoured in two counties, but DWI investigation occoured in one. I understand if there's a robbery in county x witnessed by officer, hot pursuit through 5 counties, venue would obviously be in county x. But if, absed on the above scenario, the investigation started in coiunty Y, what's the venue?

Jacob Robert Jenkins

Jacob Robert Jenkins

Posted

I think the prosecutor would try to relate whatever evidence there is to intoxication in the new county back to the first county. Your body eliminates alcohol at a constant rate - normally about a drink an hour. Unless the drive into the neighboring county was lengthy, it will be hard to argue that you did not become intoxicated until you were in the next county. The argument becomes more feasible with a longer drive and presence of open containers.

Posted

Your question was cut off from your information. You don't have to include the statute. We are familiar with it. Your defense attorney will have to look at the specific facts of your case. If the offense report says he stopped you for reasonable suspicion of DWI, the stop is good because they have statewide jurisdiction on DWI stops. Officers can also follow you outside of the jurisdiction to make the stop when the offense they witnessed was within their jurisdiction. The caselaw gives them wide latitude. You need an experienced DWI attorney handling this for you.

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

I understand the jurisdiction issue, my question is concerning venue. That county should the charges be filed? Are you not able to view additional information where my question was proposed?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I cannot. But I do not believe it would change my answer. I think you are misunderstanding venue. If you're asking what court has jurisdiction yo hear your case. It's the court in the county where the traffic offense occurred. These issues are complicated. You need to hire an attorney.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I cannot. But I do not believe it would change my answer. I think you are misunderstanding venue. If you're asking what court has jurisdiction yo hear your case. It's the court in the county where the traffic offense occurred. These issues are complicated. You need to hire an attorney.

Asker

Posted

Hmmm, I wonder why you can't see the additional information...anyways here's the question... Question...because DWI investigation started well outside the 400 yard rule, and the officer did not notify law enforcement agency having jurisdiction nor did the law enforcement agency having jurisdiction take custody, would county X be the proper venue? Thanks for your time.

Asker

Posted

What about this, does this not apply to the arresting officer, because it didn't happen... an officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made. The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance

Posted

I agree with the above attorneys' advice

the information provided above is for information purposes only and you should consult an attorney for specific answers to your case

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Posted

Thanks

Posted

DWI venue questions involving county boundaries can be tricky. Inexperienced lawyers get confused on these issues. You need an experienced DWI lawyer to assist in determining the proper venue of the charges.
Austin DWI Lawyer
www.austincriminaldefenseattorney.com
512-495-1813
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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