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Admitting to drinking to cop during DWI stop??? Open container found at 2:00 am in vehicle. Proof beyond reasonable doubt.
If you are pulled over and investigated for DWI and the cop asks about how much you had to drink and you first respond "a couple" then he asks again and you respond "enough or quite a bit" how hard will it be for the prosecution to prove beyond reasonable doubt you are intoxicated? Cop did not ask when you had your first drink, he did not ask when you had your last drink, he did not ask if you had eaten, He did not ask if you had slept since last drink, He did not ask what kind of bevarages were consumed. There was no breath test nor field sobriety test as they were declined. Will the State be able to prove beyond reasonable doubt, solely based on the above information, intoxication. How will a good attorney be able to help with this?
Texas DAs are successful in prosecuting DWI every day without this information. In fact, it would have been very...
Can a criminal defense attorney find out who the state has subponea for a criminal case (DWI) --- Texas
Can a individual find out who the state has subponeaed to testify against them in their trial?
Generally speaking yes. Normally an application for a subpoena is issued by the court and placed in the court's file (...
DWI Arrest in Texas – How does probable cause work?
It seems like an officer can pull you over for something as small as drifting onto a lane marker. If that’s the case, how do DWI’s get dismissed? Does the judge decide? Does the judge look at video or the report to make their decision? I've also read that many DWI cases have been dismissed because of probable cause, due to a motion to suppress. How does this work? I've done a lot of reading and I know that many DWI’s are challenged on the officer’s probable cause for the initial traffic stop. From what I've read, it seems that probable cause can be something as simple as drifting onto (not even across) the lane marker, or an unsafe lane change. In my case, I exited the freeway and went across the lanes to the far right. Thanks in advance for your time.
"Probable cause" is pretty much in the eye of the beholder. Cops don't think that the standard is very high, and many...
State of Texas County Jurisdiction Law - DWI Charge
This is the case... I was traveling on and exited an interstate in XYZ County. At that time XYZ sherriffs deputy stated that I made an unsafe lane change and he activated his video camera. XYZ sherriffs deputy continued to follow me 2.5 miles with camera on claiming various traffic violations such as drifting on to the white line (not crossing it), abrupt stops at stop signs (these alleged traffic violations are not seen on video). The XYZ county sherrifs deputy continued to follow ACROSS the county line into ABC County. Once into ABC County, XYZ sherriffs deputy continued to follow me for approximately 3/4 of a mile into a residential neighborhood through three stop sighns and intersections and turned on his lights at the third intersection at which time I promptly pulled over. The deputy walked up to the truck saw open container and asked me to get out of the vehicle and if I know why he pulled me over, I told him I didn't and he never provided an answer. The officer then requested me to do field sobriety, I refused and he arrested me. I was taken from ABC County and booked in XYZ County by XYZ Sherriffs Deputy. There was never an ABC County sherriffs deputy present. At XYZ County I refused the breathalyzer as well. Also, the XYZ deputy noted on his report that the arrest was in XYZ County. Clearly the arrest was in ABC County. What bering will this have? How does jurisdiction work and where is hot pursuit considered? What are the laws? Was there probable cause?
More information is required, because you don't say what the offense was. It appears that DWI is being alleged, but not...
In mid-2012, I received a conviction for DUI. My license, as per the court, was suspended for 1 year. DPS never received notice of the conviction, and my license never showed up as suspended. Three years later now, I am wondering about the surcharge which also wasn't assessed. The Texas statute says: Sec. 708.102(b) Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated. Sec. 708.102(d)A surcharge under this section for the same conviction may not be assessed in more than three years. Will the surcharge automatically expire this year, so that it can never be assessed as it passed out of the three year time frame?
Check your license and all the applicable surcharges and other actions on DPS website. It will tell you what is...
Can a felony DWI the elgible for a 1244 a?
we live in Texas and he is already been sentenced to 4 years at TDC. he has made trustee in the county that he is at right now. this is 3rd or more DWI
No because 1244a only applies to state jail felonies and a felony DWI is at least a third degree felony
How long does it take to go to court for 3rd DWI?
My fiancé got arrested for his 3rd DWI recently and I was just wondering how long it will be before he goes to court. We are supposed to get married in October.
The only way to know for sure is to consult with an attorney who does DUI defense in the area. sometimes these cases...
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