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DWI second, with two previous misdemeanor convictions.

Fredericksburg, TX |

I know every judge is different but my questions are...

With two previous misdemeanor convictions 1. DWI over 23 years ago. 2. reckless driving over 15 years ago (DWI 2nd charges dismissed and reduced to reckless driving) how will most judges look at these convictions when sentencing a current 2nd DWI (no victims/wreck)?

Will the prosecution typically "go for blood" in a case where the above exists?

I am a productive member of society, married almost 16 years, daughter 12 years old, a college degree with stable career and employment, homeowner, clean driving record with no accidents, no criminal history other than what I've disclosed here.

I made a mistake and an very sorry for my actions, the victims have been my family, I will never do this again. What should I expect?

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Attorney answers 3


The first thing you need to do is hire a local DWI attorney who has a very good lay of the land. The facts as you present them can go both ways. Nothing you have posted is so different than any other person who a judge is going to see day in and day out. An experienced DWI Attorney will be able to advise you best.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone


My best guess is two years probation, 3 days in jail, $1,500 fine, community service hours,victim impact panel, and repeat offender DWI classes. But I don't practice in your jurisdiction. An attorney who's familiar with the proclivities of your judge will be better suited to answer the question

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You definitely need to hire a criminal defense lawyer with extensive DWI experience right away. Some of the brightest minds in this area practice in the Hill Country, so you're in luck. Whether a prosecutor will "go for blood" depends upon the prosecutor, the facts of all three of your cases, your life and community/family involvement, and many other factors.

In most counties, the fact that your 2nd DWI was "reduced" to a reckless driving means it is even more unlikely that the DA will reduce or dismiss the charges here. However, each case is unique, and its impossible to say based upon the facts as you've given them. The worst the DA can do on a Class A Misdemeanor DWI 2nd is seek a maximum jail sentence of 1 year in the county jail and a fine of $4,000. In my professional experience, probation for DWI 2nd is common in most counties. It may not be a probation that you're thrilled to accept, but it is possible. Of course, all of the above assumes that the DA can prove that the officer had probable cause or reasonable suspicion to detain you and your vehicle, reasonable suspicion to investigate for DWI, and probable cause to arrest you for DWI. Oh, and that the DA can prove your guilt to a jury beyond a reasonable doubt. See? There are a LOT of issues to consider when evaluating a DWI 2nd, and it is critical that you have the advice of an attorney who can investigate ALL of the facts of your case.

The best thing you can do is hire competent counsel who you trust.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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