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Can I appeal a "guilty" plea to a DWLI?

Katy, TX |

I had a warrant out for my arrest due to a DWLI ticket that I forgot I had that I ended up having to plea guilty to. Now that has suspended my DL for the next 8 1/2 months. Is there any way that I can appeal that plea, or is there a way I am able to get the suspension lifted before September?

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Attorney answers 3

Best Answer
Posted

You can bring a "coram nobis" motion to have the judge void your guilty plea, but that is not really something you can do without a attorney,
You could also just ask the judge to let you withdraw the plea, and explain that you didn't understand the consequences, and had plead guilty out of continence of yourself and the court.
Good luck

This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

Posted

You can apply for an occupational license to carry you through the suspension period. At this point the judge has likely lost jurisdiction.

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Asker

Posted

I understand that I can apply for an occupational license, but then I am restricted to only 12 hours (max) of driving time per day. Is there a way around that to get more driving time than the 12 hours I am hearing about?

Richard Timothy Jones

Richard Timothy Jones

Posted

The only persons driving more than 12 hours a day are professional drivers. Your actual time behind the wheel is probably much less. You can certainly ask for more time.

Paul Holt Walcutt

Paul Holt Walcutt

Posted

The judge is limited to giving you more than 12 hours of legal driving time on any one day. Even if you could convince a judge to sign such an order, DPS would reject it. 12 hours is all that's potentially available to you.

Asker

Posted

So is it 12 hours behind the wheel, or within a 12 hour period? Like 10am - 10pm, or.... I own a repair business, so I am always being called out on repair jobs at all times of the day between 7am - around 3am (at times, i never really know).

Richard Timothy Jones

Richard Timothy Jones

Posted

4 hours behind the wheel within a 12 hour period, although given your business, you might be able to stretch the 12 hour part

Richard Timothy Jones

Richard Timothy Jones

Posted

I mean you might be able to stretch the driving window, not the actual driving time.

Posted

You have 10 days after your guilty plea to appeal. You may be able to get a judge to grant you an occupational license, though. You will need to hire a lawyer. Chuck Stanfield in Houston is excellent in these matters.

Cynthia Henley
713-222-1220