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Can a first conviction of DWI be introduced into trial for a second DWI in texas?

Canyon Lake, TX |
Attorney answers 6

Best Answer
Posted

The defense attorney files a motion in limine to keep that portion of the video out. It will be granted. Then the prior only comes in if the defense opens the door to it.

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.

Asker

Posted

What if my attorney missed it, does it become admissable?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

If the defense attorney doesn't make a motion in limine, the judge won't know to keep it out. And so yes, it ends up coming in.

Asker

Posted

One more question please...we subpeoned a witness which, as far as I can tell on the Comal County web site, is still unserved. Whar happens if the witness does not receive his subpoena, he's critical to my case. He was served on 1/24 and trial on 1/29???

Asker

Posted

Thanks so much for all your help. I seriously don't think he caught the admission of dwi conviction in 1990, I know I asked you earlier about preparing all my notes and presenting it to him and I get your response, but I'm glad I reviewed the case so carefully that I found that...I think it's pretty important that it be kept out of trial. Like I said, there's technicalities, and I think he's more focusedon those, however with the judge I'm facing I hope he knows better than to rely on those. How long do you typically take to prepare for a jury trial? Maybe he's waiting until Monday to do his???

Posted

If the door to let in the prior is not opened (for example by the accused saying, "I've never been through this kind of thing" or his/her mom says, "Little Johnny would never do something like this".......), then it is not admissible. The lawyer for the accused will have prepared an objection and have a copy of the edited version ready to substitute when the prosecutor offers the damning information.

Cynthia Henley
713-222-1220

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

I agree with most of this. However, local practices vary. Out this way, I would expect a prosecutor to have a copy without the objectionable material or to be stuck not able to get the stuff in.

Posted

I assume you have retained a criminal defense attorney in your area to defend you. If not, do so ASAP. Your attorney will review the video evidence pretrial, make a motion to excise/redact that portion or get a judicial ruling to exclude that portion if shown to the jury in trial.

Your prior record is generally not admissible in trial unless you are charged under your state law as a status offender ( DUI-Second) and if so your attorney will make a motion to bifurcate the trial; another exception is if you take the stand and deny any prior conviction for DUI, then the judge will allow the prosecutor to impeach you with your prior record. Your defense attorney will explain all of this to you.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Posted

Also be aware that if convicted, the information will be able upon sentencing.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

Posted

Generally, the fact that you were convicted of a previous DWI is inadmissible at trial. However, as my colleagues have stated, there are instances where the prior conviction could come be brought up.

Posted

Prior misdemeanor convictions are not generally admissible in the guilt innocence phase of a trial. In the punishment phase pretty much anything is fair game.

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512-495-1813
Austin Jail Release and DWI Lawyer

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

Asker

Posted

Not sure if I understaand waht you are saying. Do they have to confirmmy first, which was 22 years ago?

Richard Timothy Jones

Richard Timothy Jones

Posted

Any statements about your prior convictions can't be used in the first part of your trial. If you are convicted, then your entire past comes in when the jury is deciding punishment.

Asker

Posted

The court is deciding punishment,I'm just a little confused as I can see all cases on line and have reviewed several handled by the most used attorneys in comal county and I haven't seen one where the punishment was handed down 30-45 days, they are always given when there is a plea or jury conviction. The judges assistant is out due to surgery so I'm wondering if that may have something to do with it??? However at announcements there were pleas and punishment by the court was gien immediately...so, I'm not understanding why mine is going to a punishment phase 30-45 days after a conviction???

Asker

Posted

Sorry, I thought you were responding to another question I asked. Please disregard above

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