Texas DWI Venue question

Asked over 1 year ago - 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.

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)

  1. Jacob Robert Jenkins

    Contributor Level 11


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.

  2. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . 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
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  4. John Naumovski


    Contributor Level 13


    Lawyers agree

    Answered . I agree with the above attorneys' advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more

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