93°F | 75°F
Crime, law and justice, and police blotter near Floresville, TX or anywhere in the US.
Recent Crime News
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...
I would like help in understanding the DWI plea bargain / trial process?
Is there a way to raise the points of concern we have about an arrest/charges before accepting a plea ( not found driving, evidence of a blow out, breathalyzer administered many hours after accident and arrest, no blood tests despite obvious signs of impairment not typical of alcohol, etc)? Without going to trial, is there no way to fight for reduced/different charges? It seems strange that the charges are given and the only choices we have are either accept them or pay thousands of dollars for a trial. My son, who is the one actually facing the charges, just wants to "get this over with" and accept plea bargain (I know paying for a trial is out of his reach and think this is his primary reason for just wanting to accept a plea). Thank you so much~
Depends. In some jurisdictions, there's a no bargaining policy, but what you're saying doesn't make sense. First,...
Can I sue for false arrest? Arrested for DWI, passed blow test at scene and blood came back clear.
False arrest, discriminated against because of being a female over 40 years of age, obese and could not pass the field sobriety test (that is a proven to fail test for all).Was 100% sober when I was pulled over for going 12 miles over speed limit, respectful to officer and coherent. Asked over 20 times if I had anythingto drink and if I was in drugs.Repeatedly told him no and my blow test at scene clearly stated .00.Cop felt stupid in front of the back up cop bc I proved him wrong so he accused me of drugs. At jail, interrogated more by narcotics officer. Spent 24 hours in jail. Charged with DWI 2nd offense (got a DWI at 18 yrs old, I am 42 now). Had to have the interlock device in car for 7 months, after blood came back completely clear. Case finally got dismissed because DVD not provided
No, this isn't something you can sue for.
I had a DWI first offense misdemeanor conviction four years ago in Texas.
If the statute of limitations expires on a first offense dwi in texas, can you eventually have it expunged? I was much younger, and albeit naive at the time that all of this happened. So I guess my question is whether I can eventually sometime in my life have this charged removed, or if its just going to stick with me forever preventing me from getting a job again.
You are stuck with it on your record forever. Sorry to break it to you. However, a dwi conviction doesn't mean you...
Ads by Glam
Explore More Topix
Comments made yesterday: 46,142 • Total comments across all topics: 259,223,485
Copyright © 2015 Topix LLC