i am on pretrial probation for a felony dwi this is my first offense i have never been in trouble before and i violated my probation by being caught in a bar by a my ex-probation officer. Ex-Probation officer did not report to regular Probation o...
I agree with both of these attorneys. All I would add is that you should check in with your attorney, or your bondsman, to see if a warrant had been issued. It's better to get a non arrest bond, if possible, rather than having a warrant team serve a felony warrant on you. At the very least, I would have both of those parties prepared to act on my behalf.See question
DWI With Child endangerment
If the person is charged with DWI with a child passenger, It is a State Jail Felony, which carries with it anywhere from 180 days to 2 years in a State Jail facility,as well as a fine not to exceed $10,000. The jail time and fine can be probated. A State Jail Felony can be reduced to a Misdemeanor, if the facts and circumstances warrant it. I had one of these cases recently where the State Jail Felony was reduced to a Misdemeanor, and probated, but the client had to do jail time as a condition of that probation. In another case, we opted to do jail time instead of probation.The client stayed in jail rather than bonding out, and by the time we had a plea bargain worked out, the client had enough time served, to go home the next day. Every case is different, and no two cases are the same, so I have no idea what the situation is in your case, nor am I suggesting that I , or any other lawyer on this site can get you a deal like the one's I have mentioned Felony charges are serious business, especially when you're charged with DWI. You will definitely need the help of an experienced DWI lawyer. Hope this helps.See question
A friend of mine is convinced that, in Texas, you cannot be charged with DWI if you are riding a bicycle. Is this actually true? I've heard stories about people arrested for DUI/DWI on a bicycle, but I can't remember if any of them actually happen...
This is actually a great question. The definitions section of the DWI statute, Penal Code Section 49.01 (3), directs you to Penal Code Section 32.34 (a), which defines Motor Vehicle as "a device in,on,or by which a person or property is or may be transported or drawn on a highway,except a device used exclusively on stationary rails." Arguably, a bicycle is a device by which a person, with his property (a backpack let's say) could transport themselves down a highway. Look at the definition of a Watercraft, for purposes of the Boating While Intoxicated, or B.W.I. There is no requirement that the watercraft have of a motor. Watercraft is defined as "a vessel, one or more water skis, an aquaplane,or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water." So, you could be skiing,canoeing,or sailing, and be charged with B.W.I. Surfing on the other hand ? - you're good to go. The only mention of a motor in the context of B.W.I. is if you have an Administrative License Revocation hearing. To lose your license, the watercraft has to have a motor with a manufacturers rating of 50 horsepower or more. In conclusion, I just don't see a prosecutor accepting charges if the vehicle isn't powered by a motor of some sort.See question
I was in a car accident. Officer did a sobriety test and then let me go.
Yes, I would say you are in the clear. Could you imagine an officer testifying at trial, that after administering the field sobriety tests, he released you, and watched you drive off into the sunset?See question
If stopped by a Police Office and requested to do a breathalyzer test can I make an option for a blood test to verify the alcohol level in instead of the breathalyzer? During a Driver's education course the video mentions that this is an option.
I love it when clients request a blood test. It shows they had absolutely nothing to hide. Unfortunately, the officer has the right to choose which test to request - so you will have an administrative license revocation issue to deal with. Remember, you have to request that hearing within 15 days from the date of your arrest. Hope this helps.See question
I was arrested for my 3rd dwi. Got the first one about 6 years ago and the 2nd about a year and a half ago. Pleaded out and did work release instead of probation for both previous convictions. I have no other convictions on my record. Family has a...
Your question is, "How can I avoid doing state jail time?" I think what you meant to ask was, "How can I avoid going to state prison, or "T.D.C." Well, all obvious answers aside (winning your case,having it dismissed, or reduced, etc. etc. ) - and assuming you have no avenues for mounting a viable defense - probation is an option that will allow you to avoid prison time - assuming you comply with all conditions of probation. There is a requirement that you serve 10 days in county jail (not prison), as a condition of probation. It is important to remember that a plea bargain should only be considered if you have no viable grounds for mounting a defense. That is something that you and your lawyer will have to decide. My advise to you right now is that you: (1) Start interviewing DWI Defense Lawyers in your area, and (2) Start attending as many Alcoholics Anonymous meetings as you can. Be sure to record your attendance. in a notebook of some sort, and have the group leader sign and date it. The goal is to have tangible proof that you are actively seeking to change your behavior. When you stand in front of a judge, and he or she asks you what you've been doing while you were out on bond, the last thing you want to tell them is "nothing". Finally, be aware that you are looking at losing your driving privileges, and being required to have an ignition interlock device installed in your vehicle. Hope this helps.See question
I was in a car accident the ambulance put me in a neck brace the officer asked me to do a sobriety test with a neck brace on I clearly told him it was very difficult because he asked me to look down at my feet while I did this I could not he did n...
It should have been obvious to the officer that you were injured and could not perform the tests. The tests are designed to test your normal abilities. It is not normal to wear a neck brace. In my opinion, any clues of physical impairments would nullify the test results. That is ridiculous that they preceded with the test. Hire an attorney and review the video. Good luck to you.See question
When someone gets a dui in State A, moves and became a resident of State B, obtains a driver license in State B prior to conviction; Technically that would be legal. Now speed ahead, aoda treatment and license revocation in State A has been satis...
Any hardships, suspensions, or restrictions, follow the license from State to State, assuming the States are members of the Drivers License Compact. You may have the plastic in hand, but it may be suspended under the compact. Also,State law requires you to get a Texas DL if you're going to live in Texas. There is a 30 day residency requirement to get a Texas DL, which can be waived by surrendering your out of state license. The form asks if your license is currently suspended -not whether it is subject to suspension.hope this helps.See question
Well blood result came back my HUSBAND was not intoxicated, thats good bad news thiers sending the blood back to lab to see if thier is drugs in his system , Can they do this? What more can me take with the system that are mainly trying to mess up...
It's standard to retest the blood if the number is low. They do this to test for drugs of abuse like benzodiazepines. You really need to speak to a lawyer in your area who has experience trying blood test DWIs. Most will give you a free consultation. Hope this helps.See question
I got arrested for DWI in Texas.. It was my first arrest, alcohol level of .15 whats the worst case scenario that can happen to me? Also what if I cannot hire an attorney what should I do?
If your case is enhanced to a Class A Misdemeanor, due to the .15 allegation,the Maximum punishment is UP TO a year in jail and UP TO a $4000 fine. Notice I said "up to" because an actual plea bargain could be anywhere from a fine only to probation. For a first offense, jail time is not usually the norm, but depending on the facts, could be required as a condition of probation. A plea to anything other than probation (jail only or fine, or combination of both) will result in a license suspension from 90 days up to a year. You can petition the court for an occupational license. Also, due to the .15 allegation, an interlock will be required. Remember, being accused doesn't mean they can prove the accusation. You owe it to yourself and your family to hire a qualified DWI Attorney. Hope this helps.See question