Flower Mound, TX asked in Criminal Law and DUI / DWI for Texas

Q: (denton) Charged w/2nd DWI &Retaliation--- for obnoxious drunken verbal chatter??

Is this "Retaliation charge" something new that Tx is beginning to add onto DWI arrests?? I had absolutely No Idea that being obnoxious, could carry such a heavy penalty charge. Am I really facing serious TDC sentencing??

thanks for your help

dee

Related Topics:
2 Lawyer Answers
Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: DWI 2nd is not a felony offense in Texas, and you cannot receive a TDC sentence for it. The state has to prove that you were intoxicated, not simply that you were being obnoxious.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Threatening to hurt an officer BECAUSE he was executing his duty as an officer has been the offense of Retaliation for years and years. The only thing new in that law are the anti-doxing bits that were added in 2015 about posting the officer's private information on the internet.

You can read the law on Retaliation here: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.36.htm#36.06

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.