You ask when DWI charges may be reduced to some other "non-DWI" charge. The simple answer is: whenever the prosecutors think that they will lose the case. If the prosecutors believe that they can prove the DWI, they would rarely, if ever, consider reducing the charges.
And the prosecutors in some jurisdictions have a policy of never reducing DWI charges.
Prosecutors will consider that they may lose the case, and therefore may consider reducing a DWI charge when: 1) The defendant looks good on a video, 2) there is no blood or breath test, 3) when there is a very low blood or breath test, (i.e. - possibly if below 0.10, and quite likely if it's well below 0.08), 4) there are issues regarding the legality of the stop, and 5) there are credibility issues with the arresting officers.
A good DWI defense attorney should discuss with the defendant any plea offers, and also the option of turning down a plea offer for a reduced charge and simply going for a not guilty verdict on the original DWI case.
This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an attorney hired by you, having full knowledge regarding the facts and circumstances of your individual situation. This correspondence does not create an attorney-client relationship, and you should consult with one or more attorneys prior to acting on any of the information provided in this response.
It depends. You have to read the file, and perhaps make an argument on how "weak"
the case is. You would review the BAC report, the sobriety test report, and watch the video.
Please feel free to contact me if you have any questions.
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Best of luck,
Attorney at Law
10827 Bellaire Blvd., Ste 200
Houston, TX 77072
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If there is a jurisdiction question it can be raised at any time. Most DWI's aren't reduced unless the video is good for the defense or there are problems with the stop.
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
Whether or not a DA will reduce a DWI charge to a lesser charge depends on many factors including, but not limited to, the facts of the case and the county where the case is pending. In some counties, there is a "no reduction" policy in place by the sitting DA. This means that a DWI filed in that county can NEVER be reduced to a lesser charge. In counties that do reduce DWIs to other charges, you typically need to set your case for trial, have great arguments against intoxication on your side, or the state needs to have a problem getting certain evidence admitted or witnesses to appear in trial.
As a defense attorney, I would ask the DA to dismiss the case outright based on weaknesses in the case. I would expect the DAs would then counteroffer for the defendant to plea to reduced charges (not sure if you are talking about reckless driving??). It is rare in Bexar County for the DAs office to reduce DWIs to reckless driving as they now have the Take Responsibility Program where you can plea to Obstruction of A Highway while Intoxicated (time limits to plea and strict terms of probation). What county is the DWI in?
Amy E. Owen
Legarreta & Owen, LLP
613 E. Ashby Place Suite 2
San Antonio, Texas 78212
I am a criminal defense attorney practicing in San Antonio, Texas. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.