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Questions Answered by Deborah Ann Bankhead
1 Answer | Asked in Criminal Law for Texas on
Q: My wife and I both received an assault by contact ticket. What should we do, we got in a fight and she called the cops

I am a recovering alcoholic and I slipped we got in a fight and she wouldn't let me out of a closet so I pushed out of the way. We have had the cops involved before. We love eachother and don't want to end our marriage. What should we expect and do?

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

This is certainly a difficult situation, but a local, experienced criminal defense attorney can help. A Class C ticket has a range of punishment of $0 to $500 fine. However, a Family Violence ticket for Assault by Contact can have very serious consequences for your criminal record. You want to... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If I decide to hire an attorney and get rid of my court appointed one, will I have to wait for another court date.
Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

You can hire an attorney at any time. The Court can choose to keep the court date the same, or your attorney can request a new one so he or she has time to review all the evidence prior to court. The most important thing is to work with an attorney you trust has the experience and knowledge to... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Can you request a court date in another city? If so how?

Have dwi (1st dwi), would like to possibly move back in with parents 3 hours away. Can I move or do I need to find someone to stay with locally?

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

Depending upon your bond restrictions, you can move. Unfortunately, it is highly unlikely your case will be transferred while pending. While it is possible to have a probation sentence transferred to your home jurisdiction, the case will be prosecuted where it originated.

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I get a felony DWI charge reduced to a misdemeanor after I've completed my terms an conditions.

I've been on probation an only have 18 months left but I'd like to get my felony DWI charge reduced for long term life reasons seeing how my first two Dwi's are already 10 years old as of now just not in 2013 when I got my 3rd

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

Unfortunately, no. As DWIs are currently only eligible for straight probation and your probation was the result of a guilty plea and finding of guilt, the case will remain as currently charged.

1 Answer | Asked in Employment Law and DUI / DWI for Texas on
Q: Is there a limit on how long I must report a DWI arrest to potential employers? (I/e to be a public school teacher)
Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

While employer guidelines may vary, the licensing board has specific requirements for reporting. You will want to have your specific guidelines analyzed by an attorney to ensure compliance. While arrests can be expunged if a case never follows and the statute of limitations has passed, most DWI... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: My bf got his 7th DWI in TX.Any chance he will get probation with a good lawyer or how much jail time?
Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

A 7th DWI is well within the guidelines for Felony prosecution. If he has a prior felony, he is not eligible for probation from the Judge or Jury. However, some counties have diversion programs for repeat DWI offenders who are high risk. Some of his programs grant probation where a defendant... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I was convicted of my 2nd DWI in Texas Sept. 2015. How do I get my license reinstated?

I took the time. Sentenced to 180, did 90 Harris County. There was no probation or alcohol education associated with the conviction. I'm now finally back on my feet and need a dl and vehicle for my next promotion to better support my family. I haven't paid a dime on my surcharges but... Read more »

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

When you take jail time for a DWI-REP case, there should be a license suspension. Even if the Judge does not place it on your Judgement and Sentence, DPS can. Depending upon when your last DWI was, this could also be a "hard suspension" meaning you cannot obtain an Occupational License.... Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Texas on
Q: My cousin is in jail for dui, and ice detainee. He has been there 69 days. Is there anything that can be done.
Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

In Texas, a DUI is a Class C ticket for persons under the age of 21 who are alleged to be driving with any detectable amount of alcohol in their system. It is much more likely, your cousin has been arrested for a DWI which is a Class B or Class A Misdemeanor, depending upon the Blood/Breath Alcohol... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: After 16yrs ago, can I be charged for DWI, first offense in Lufkin, Texas?

Can I be charged for DWI, after16 years ago it happened in Texas this would be my first DWI ?

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

The statute of limitations on a DWI first is 2 years. However, there are certain things that can toll this limitations period. Once can be an active arrest warrant. You will need to contact a local, experienced DWI attorney to assist in resolving the matter.

1 Answer | Asked in DUI / DWI for Texas on
Q: is it legal for an officer to take the blood sample from the hospital after it was drawn a possible DWI victim?

My husband was arrested back in Sept. 2016 at 9am in the morning and was at the jail for 2 hours than was taken to the hospital to retrieve a blood sample and once drawn they handed it to the officer in which stood there talked to the Dr. for an hour before leaving with the blood, the jailer called... Read more »

Deborah Ann Bankhead
Deborah Ann Bankhead answered on Jul 17, 2017

The blood draw taken at the hospital appears to have been pursuant to a DWI arrest. This can be done with either consent or a search warrant. The officer has a special blood kit to retrieve the sample and then take that sample back to the police department where it is submitted for analysis at an... Read more »

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