Has never had any substances related to previous conviction, do not know what his BAC level was but he submitted to blood test. He's been on parole & meeting all fees, urine tests, etc., for 4+ years
Committing a new offense it always a violation. They may or may not try to send him back to prison.
I live in Texas and I recently have split apart from my fiance. I have always taken care of my child and given him the best. His father has told me that he will not pay child support and will get full custody of our son. He has a DWI, 2 Public intoxication charges and a hit and run. I have nothing on my record, work full time, pay for my sons private school daycare, I moved back in with my parents where my son has his own room and I have my own room, I am currently attending college to get my RN degree to better my future for my son. What is the likely hood of him getting any visitation of our son. He also has a suspended drivers license as well as a breathalyzer in his truck to make it start.
Not likely if all the facts you have given are accurate.
I was recently in an automobile accident during which an emergency vehicle was in the far right lane so the car in front of me yielded to the far left lane (the fast lane of the highway) and proceeded to stop immediately just after getting over a hill when she was out of my line of sight.
I tried to avoid the accident by stopping while changing lanes but there wasn't enough time or distance to avoid the accident. Both cars airbags deployed, their car tipped over and mine was completely disabled. I had been leaving a bar which I told the State Trooper, when asked to perform a field sobriety test I just asked for the officer to take me to jail.
For my ALR hearing were there any legal reasons to deny this test? The trooper asked if my back hurt, if I had a concussion, etc which I said no
From your comments, the sobriety test was not denied you. Apparently, the trooper asked you to do them and you 'just...
Dallas, Tx - In mid-December I was arrested for DUI but refused the breathalyzer and field sobriety tests, the police ended up pulling blood (with a warrant) about five hours after I was arrested. Today was the day my original court date was scheduled, I asked my attorney if there was any update as to what was going on and he said "The case was not filed yet so there is nothing to tell."
If I was in fact legally intoxicated at the time of arrest it had to have been just barely. I realize this could just be due to delays in the lab, but could this also be a good sign that they might not be filling charges?
Is it typical for cases where blood has to be analyzed to have delayed fillings, is there a good chance they might not file at all or was I just pulling at hairs here?
No it doesn't mean anything. Even without a blood test, that original court date almost never has case filed yet. With...
person was arrested and is being held for extradition to texas from atlanta where they have lived for the past 13 years and have been gainfully employed the warrant was for misdemeanor violation of probation and DWI person was sentenced to 365 in county jail sentence was appealed and person released on bond and never returned to serve being that is the situation statue of limitations is void because the accused left jurisdiction probation was violated 2 weeks prior to completion and person has no incidents with the law in the state they currently reside in
Your question is unclear. Consult a local criminal attorney to help you sort this out. Good luck.
Couple more questions, if my BAC when blood was drawn was under the legal limit can police make the connection that because I had been waiting in jail for X number of hours then certainly my BAC must have been above the legal limit at the time of the accident?
When reporting to insurance if they ask if there were any tickets written for the accident do I tell the insurance company about being detained/ticketed for a DWI?
If this was for a fleet vehicle under fleet insurance (for family company) does this change or make the situation worse in regards to insurance, reinvoking my drivers license, etc?
The first thing you need to know is that you have 15 days from the date of arrest to request a license suspension...
Today I went to renew my drivers license and they said it was suspended because of a dilenqunt payment from a DWI from around 2005. This is not true because after I paid all my dues I got my license in 2009 with no suspension on it. Today when I look at papers from Texas DPS I noticed my middle name was spelled Gen instead of Gene. Please let me know if I have any recourse here. I would like to get this off my record and have my fines and fees returned.
If your middle name ws spelled wrongly, that would not alow you to challenge your prior conviction with success.