Your chances will undoubtedly be better if you surrender. I cannot tell you how it will turn out. 13 years is a long time. There are many questions I would have about your background but this forum is not the place to discuss them. I hope you retain a lawyer and put this behind you. You are right, it is tough on your family, so step up and get this behind you.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
The arresting officer could have changed jobs 3 times in the last 13 years. Who knows?
You should definitely retain an attorney who can negotiate a resolution for you.
First I would contact your old attorney and ask what happened to the case. If you missed a court date there may be a warrant out for your arrest. There are speedy trial issues that come into play with older cases, and on a practical level it can be very difficult to actually try a 13 year old case. Witnesses move, memories fade etc. So yes, there is a chance this could all go away, or even that it has been dismissed already. However, if you have a warrant your lawyer may not be able to really litigate this case until you are arrested and make bail. You need to talk to your old lawyer and have them look into this and see what your options are.
Can you get probation? Most DWI cases end in probation.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas and Rockwall, Texas. My use of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney.
This question is really impossible to answer directly, as your case would need a full legal analysis of the evidence in the case from 13 years ago as well as an evaluation as to how things would likely proceed if the case was presented now. For example, the State may or may have any old video evidence readily available, the arresting officer or the officer that performed the field sobriety tests may have moved, retired, etc. or even if the officer(s) are available, their memory of the event may be not be the same. Regardless, you need to contact an attorney to privately discuss the details of the case and the events that followed, as this forum is not the appropriate place to discuss such details. You may want to contact your the attorney that you originally worked with to see what the status of the case is and to see if they are still willing to represent you. Either way, you need to contact an attorney to see what your options are to resolve your warrant so that you don't have that hanging over your head.
This post on AVVO is for discussion purposes only and does not create an attorney-client relationship.
First of all you can check the DPS website and plug in your info to find out if you are eligible for a drivers license. I agree that the arresting officer could be long gone. Even if he is not, I bet he doesn't remember this arrest either. You should ask your prior attorney what evidence they had such as a video, breath/blood, photos etc. They have to prove you were operating the vehicle while intoxicated. They also have to prove the prior DWI conviction to make it a DWI 2nd.
First and foremost, you need to make contact with your prior attorney and inquire as to the status of your case. It is quite possible that you currently have an outstanding arrest warrant. While your right to a speedy trial may come into play, if the Court ordered a warrant for failure to appear, it may be a non issue. Most District Attorney's offices will dismiss non-violent cases after a period of time. However, if the case is still pending it may be difficult for the State to prove the allegation against you seeing as how the case is thirteen years old case. Witnesses move, memories fade etc. So yes, the possibility exists that the charge may simply go away, or even that it has already been dismissed. However, if you have an active arrest warrant there is not much that your attorney can do until you surrender yourself and post a new bond. Keep in mind that nearly all DWI cases end in probation.
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