Crime, law and justice, and police blotter near Olney, TX or anywhere in the US.
Recent Crime News
Are there any DWI cases that ever get non-disclosed or expunged?
My wife got her first DWI charge with no criminal record the other day, no car wrecks involved. No breathalyzer test but I believe there was a warrant to give her a blood test without her consent. My question is if there are any type of "deferred" probation or some type of program that would help avoid an actual conviction? Unless the case gets dismissed, is there any way that a DWI case could be expunged and/or non-disclosed?
There is NOT a possibility of a deferred. DWI and murder are just about the only crimes in Texas that you cannot get a...
In Texas, is it possible to get a DWI while riding a bicycle?
A friend of mine is convinced that, in Texas, you cannot be charged with DWI if you are riding a bicycle. Is this actually true? I've heard stories about people arrested for DUI/DWI on a bicycle, but I can't remember if any of them actually happened in Texas.
It is possible. More likely a PI charge would result.
Is there a Texas case that requires knowing waiver of counsel and waiver of jury trial that can nullify a felony DWI enhancement
I have a pending felony DWI case with .09-.10 BAC. The four prior DWI's were from twenty years ago, and none of those were felonies. One of the priors is from out of State municipal court and the State will likely agree with my lawyer's pending motion to quash. Another DWI-1st was a plea without an attorney. Is there a case that requires knowing waiver of counsel and waiver of jury trial. that can nullify this enhancement?
Samudio vs. State, stands for the proposition that you cannot presume a "knowing and voluntary" waiver of the right to...
The prosecutor is not backing down from a DWI-2 conviction. Does this sound like a trial-able case, or should I just plead out?
I was visiting a different city, had some drinks, and drove my car. I became lost in unfamiliar place, and looked for the first street to turn off on to interact with my GPS. I made the first right turn I saw, which unfortunately for me happened to be a one-way feeder road. I quickly realized my mistake, and made another first right turn I saw onto another street. A police officer saw me do this, and pulled me over for going the wrong way. At the time I was pulled over, I had an open beer in my car that was half way full and not cold. Officer asked me if I had been drinking, I said I have had a few, so he asked me to step out of the car. I refused all the field sobriety tests, did not blow into the breathalyzer, and did not submit to a blood test. The only evidence the prosecution team has is the video of my interaction with police, and the beer bottle. I have to admit, the video does not look good to me. I look intoxicated. I did not stumble, but I can see my body swaying. I was very inconsistent on all of my answers to the questions such as what time did I think it was, and where I was going. I changed my answers more than once, and was not making a lot of sense.
Your first step would be to consult privately with a local DWI attorney to review all the details of your case and...
Can they charge this as a felony enhancement using the set aside out of state dui?
Got charged with 2nd dui in Texas, had a out of state DUI also, (3rd) but the conviction was set aside. The out of state set aside law states
Set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the convictionâ¦
Can they? Sure they might try. However, if they try then your attorney will have a good argument to counter it, which...
While waiting for my DUI court case my husband got a great job in another state, what do I do if I want to be with him?
I'm waiting on my DUI case in Texas my husband got a great job out of state. I'm pleading guilty, my BAC was high. My lawyer said I could get 18-24 months of probation if I reside in Texas instead of jail time.
I want to be with my husband in Nevada. Do I tell the court about his job and hope that the judge will let me have my probation in Nevada? Can I move my trial to Nevada? Could they grant me a travel so I can visit him often? Or do I live in Texas for a while and try to get the probation moved? Do I go to jail so the time away will be shorter? Are there any other options that I can't think of?
Ask your lawyer what alternatives the State might offer.
Will they still prosecute if his blood was under the legal limit? How long does it take for blood tests to come back?
My husband got arrested for dwi 3rd or more. He refused the breath test, was in custody for 4 hrs before they administered the blood test. He's pretty sure he passed the blood test by the time they took it. He went to court this morning, he hasn't been indicted yet. The video (if they have video) may not look good because he has a sciatic nerve problem & if he doesn't hold on to anything when he first stands up, rather getting out of bed, his chair, or his truck, he falls down. We have all the Dr. papers from the years over this. His first dwi was in 1990, 1996, 1996 (both counted as 2nd), 2001 (his third).
They can still prosecute if he passes the blood test. They didn't used to have blood or breath tests and they still got...