what happens if you have interlock violation while under probation, technically I have not started my probation, my first appointment with the probation officer is this week, I have been summoned to court this week as well due t o reported violat...
Hopefully you have a good Interlock company. Why did you blow hot? There are plenty of innocent materisl, liquids, fumes, and foods that will set off that machine. You need to hire an experienced DWI attorney who knows the science of breath and how that machine works. you can find me at www.dwimark.comSee question
Im supposed to be off probation in late january and did not take a breathilizer before or after I went to jail. Ive never had anything else happen while on probation and have taken all my classes and completed all assigned community service as wel...
It depends. What county did you get the DWI probation in? And what county was the PI in? While you are on probation for the DWI, depending on what county and the specific terms of your probation, you may have a requirement that you must report any additional offenses that you get arrested for while on porbation. Also, you may have a requirement that you can't refuse the breath test while on porbation. So did they offer you a breath test and you refused it for the PI? That may be a violation in itself.
But depending on the County, Judge, DA and your lawyer you may or may not go to jail. They can't just kick you out of probation, you get a Motion to Revoke. But based on the outcome, you could certainly go to jail. So you should hire the best lawyer you can afford and fight to stay out of jail. You can always find me at www.dwimark.comSee question
If someone is convicted on 1st DWI in Bexar County able to transfer the case to Harris County and enter the divert program offered to most DWI 1st Offenders? Is this possible or not...after already being convicted? Probation IS being transferred...
Unfortunately not. The DIVERT program is very specific for Harris County. In order to qualify for it you have to take a SALCE interview and then they provide you a specific program. It's essentially like deferred adjudication, but by another name. You got regular probation in Bexar and you can't swithc that into DIVERT in Harris, because Bexar has no equivalent. You can transfer your probation to Harris, but it will still be the same deal that you signed up for in Bexar. Sorry for the bad news.See question
My buddy had a beer in his hand and recieved and open container. The cop said I was also holding that can prior to my friend. However, I was not. Should I plead not guilty to this?
Absolutely plead Not Guilty. You are on Federal Conditional Discharge, right? you can't have any violations of the law. Some discharges allow you to consume alcohol and some don't, so really depends on yuour packet. But I would never plead guilty to anything.See question
No one was injured at the scene and I just had to pay fines and sur charge and my license was suspended for one year. I want to go back to work in security and will the DUI prevent me from working?
It seems that you have a conviction for a Class B Misdemeanor Driving While Intoxicated on your record. Please check and make sure with the local County Clerk.
If so, then this does not prevent you from OWNING a handgun. However, it does prevent you from obtaining a Concealed Handgun License because the conviction is still within the last 5 years. After 5 years is up, you may apply for your CHL if you also are ellgible under the factors listed below.
There are other factors or laws that may prevent you from OWNING a gun, but not based solely on a conviction of a Class B Misdemeanor DWI. For more information on a CHL, google the Texas Concealed Handgun Laws.
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01,
Penal Code, or equivalent offense, or of a felony under an information
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the
proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been
convicted of a Class A or Class B misdemeanor or equivalent offense or
of an offense under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase
(10) has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment
of a tax or other money collected by the comptroller, the tax collector of
a political subdivision of the state, or any agency or subdivision of the
(12) is not currently restricted under a court protective order or subject
to a restraining order affecting the spousal relationship, other than
a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose
any material fact, in an application submitted pursuant to Section
Why wasn't it not on the report and will it show up for city employment? This event had happened in 2002.
Were you a minor at the time of arrest? What was the final disposition of your case? Did you pay an attorney to have it expunged or sealed?
Also, many times it depends on which background search a company is conducting. How did you review your background from TDPS? Have you tried searhcing on publicdata.com? It seems to be a favorite search engine among companies. However, there are countless databases that may have your record and the only way to truly ensure they will not expose your arrest to to file a Petition for Expunction or Petition of Nondisclosure, if you are elligible.
Please feel free to contact me. I need more information to adequately advise you and alleviate your concerns.
-Mark ThiessenSee question
can a misdemeanor be deferred?
It depends. What is the misdemeanor? A person charged with DWI cannot legally be offered or take a deferred adjudication probation per the statute. That being said, many counties will alter or reduce the offense to Reckless Driving, Obstruction of a Highway, or Deadly Conduct and offer a deferred adjudication.
As for all the other offenses, there is a good chance you can get a deferred adjudication offer. Depends on the County, Court, Prosecutor, Defense Attorney, and client's record.
I really need more information to advise you better.
Please don't hesitate to contact me.
-Mark ThiessenSee question
iam 21 me and my brother went to a fast food drive through one night and my brother had argumentive words with the guy at the window so i get out to calm the situation and was hit with a mop in the chest and the mop broke inhalf when i grabed it t...
The good news is: even if you did it, the DA will probably offer you deferred adjudication probation, which is elligible to be sealed if you successfully complete it.
Other than that, there is no way to tell you the outcome of your case. It depends on a million factors: defense counsel, the DA, the judge, the evidence they have agaisnt you, the quality of their witnesses, whether there is an actual video, etc. That's why you need to hire a skilled trial lawyer and not just a plea lawyer. Get someone who is willing to fight and go to bat against these DAs. But most likely, even if it's a terrible case, the DA will offer deferred, assuming you don't have a history of criminal mischief or other crimes.
Call a lawyer and fight! There are a million ways to skin a cat.
Feel free to contact me for a more thorough complimentary consultation.
God Bless America,
I was placed on deferred adjudication and successfully completed it. Upon completion I was granted a petition for non-disclosure. I am now trying to get certified as a teacher in TEXAS. SBEC requires all teachers to get digital fingerprints done a...
If you completed deferred successfully, and you got your Petition for Non-Disclosure granted and signed by the judge, then all the documentation surrounding this arrest should be SEALED. This is different from an expunction. Where an expunction would legally allow you to deny ever being arrested.
The sealing of your records is targeted at not allowing private agencies to see your record. However, what private agencies depends on who has access to this information. Your lawyer, hopefully, inlcuded publicdata.com in the Order for NonDisclosure, as they are probably the leader in background checks. However, there are many other agencies out there and if one of these agencies got your public criminal record information before you got it sealed, then they still have it in their system. Any private agency should not be able to get your information after the date of sealing. However, it's almost impossible to determine who has your information before the date of sealing. Basically, you'll only know if it comes back during an interview, and then it is too late.
As for the FBI, yes, they have access to your sealed record. As for the finger print, it depends on which database your print is run against. The State should have sealed all these records if the Petition was executed correctly. However, if they run it through an FBI database then you will show up.
Try and run yourself on publicdata.com and see if your record pops up. Otherwise, it is basically up to you whether you disclose it to the school. If you disclose it, you don't get the job, if you don't then you risk them finding it and you don't get the job. It's up to you.
Please feel free to contact me for a more thorough complimentary consultation. I will be able to search your record and see if it is truly sealed.
God Bless America,
Arrested for DWI in July 09. Took a field breathalyzer (0.04) then another at the station(0.028) Then taken to another station to have blood drawn. Am now concerned that my prescription meds will be a problem.
Short answer, they can test for whatever they want, but they will surely be testing for alcohol. The 0.04 you blew in the field was on a Portable Breath Tester (PBT) and the result is inadmissible in court, if we want it to be inadmissible. The breath test you took at the station was on an Intoxilyzer 5000EN. This is the breath test that the State of Texas has deemed scientifically reliable and it's up to the State to satisfy the Kelly prongs and get it admitted.
However, what concerns me is that both of your tests were below a 0.08. That means you were not intoxicated on alcohol. What they are going to come after you now is that you were intoxicated on prescription meds, or meds combined with the alcohol which caused a synergistic effect. See a case styled Layton v State of Texas in 2009.
In order for the State to prove up the meds they are going to need to know when you took those meds, what dosage, what the half-life is, and an expert to testify to the effects of this medication with those known values.
They will need a Drug Recognition Expert (DRE) to testify about the effects of your medication. So even if your meds show up in the blood, they still need an expert to testify how what showed up was affecting you. This is not easy. An expert can't just come in and compare you to the average person. If they can't make it relevant to you and probative, then the blood test should be suppressed. (this depends greatly on the Judge). They should have had a DRE run a drug recogniton evaluation on you, which would have included: measuring your pulse rate, pupil size, the SFSTs at the station, muscle rigidity, signs of injestion, admissions, etc. It's a very technical 14 step process. There are very few agencies and officers that can get this correct.
In the end, you have a very defendable case, assuming the video doesn't show a gross loss of physical and mental faculties due to intoxication. Contact a lawyer who knows about DRE and DWIs. Prescription meds and blood truly is the next wave of science that we are conquering. Please feel free to contact me for a more thorough complimentary consultation.
God Bless America,