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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...
Can a DWI arrest be turned into a DUI case?
I got arrested for driving while intoxicated (DWI) and unfortunately consented to a blood test. The arrest was made because the officer thought I had been drinking but that is not the case. I am pretty sure they will find no alcohol in my blood sample. However, I think my impairment was the result of a prescription drug I took for anxiety. I had not taken it in a while so the effects were more pronounced than usual. I think that the blood test may reveal that I took the pill earlier in the day (5 hours prior to the arrest). Can the DWI arrest be turned into a DUI case? I ask because the arrest paperwork I got focuses only on blood alcohol content rather than something more generic such as DWI and/or DUI. I did not mention or disclose at any moment I had taken the anxiety medication.
There are no DUIs in Texas. DWIs encompass all intoxicatingly elements beyond alcohol such as prescription drugs and...
Charged with Evading and DWI in Texas.
I have been offered a Plea Bargain. The DA will lower to a State Jail Felony and I spend 30 days in Jail and Probation etc. , with Deferred Adjudication. But, I must plead guilty to DWI. My career could be at risk. I read that in other states if you were so drunk while driving that you did not realize that you were being pursued, you cannot be convicted of the offense. That was my circumstance. Although you cannot be charged with this offense if you were so intoxicated that you could not form the intent to evade, but will be charged with DWI. Well, I'm going to be charged anyway if I take Plea, AND have to have the Class A Misdemeanor of "Attempting to Evade" & punishments & consequences that go along with it. So is being intoxicated Valid Defense in the state of TX ?
If you are at this stage in your case, you must have an attorney and that person is the best position to advise you on...
DWI probation violation
I blew dirty into my breathalyzer last month. My PO says he wants to handle it administratively instead of prosecution. He called me randomly today to come meet with a counselor tomorrow. I fear they will give me a EGT test...which I would fail. Is it better to let him issue a probation violation so i can be represented by a lawyer or fail a EGT test and give them more evidence. Any advice is appreciated.....BTW I know I made a dumb mistake and have been beating my self up about it
Your situation depends on several things. It you have had several probation violations in the past and you flunk your...
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