This happened in Texas, I got into a car accident back in 2015 ,no one was hurt just me. The car actually blew up on the freeway. Officer did the field test on me but I wasn't able to do it due to my knee getting shattered. So he read me my rights and arrested me Took me to the station but didn't book me nor finger printed. I did blow into the machine. He released me so I can get medical help. So now it's almost been 2 years. Got pulled over by a Texas state trooper back in December of last year and my record was clean. Now a couple of days after that I got pulled over in New Mexico by a sheriff, he told me I have a warrant for my arrest in Texas. He didn't arrest me due to my warrant not having an extradition. So he said he wasn't gonna waste his time.So I called the sheriff' in Texas and they told me I have a dwi warrant. Why didn't it show up with the Texas state trooper .So I got a dwi attorney and he pulled my case and yes I had a capias warrant. So he set up a hearing which I was present but didn't go inside the courtroom only he did. Comes out and hands me a paper showing the capias removal was granted by the judge and DA. Now he's trying to get my case dismissed.
Your attorney will soon have access to copies of the state's evidence and will be able to provide the most accurate assessment of your chances. Without seeing the evidence we could only guess.
One thing to keep in mind is that a dismissal makes you eligible for expunction but it does NOT automatically lead to an expunction. That requires a separate civil lawsuit and you may not be eligible until 2 years after the dismissal.
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The fact a warrant did not show up when you were contacted by one law enforcement official doesn't really matter. A criminal case was filed against you within the statute of limitations, so you have to deal with it. Your chances of being found not guilty depends on the evidence the State has in this matter. The fact the accident occurred in 2015 also does not have much bearing on the outcome of case. Pretend like it happened yesterday and go from there. Review all the evidence the State has in this matter with your attorney and make a decision as to whether you believe the State can prove the allegations beyond a reasonable doubt. Good luck.
You need to sit down with your attorney and address all of this. He/she has access to all the necessary history and current charges.
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