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Texas DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Wrongful Death for Texas on
Q: Question on attorney-client privilege vs ethics in regards to knowledge of a clients for someone's death in a dui charge

My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 2, 2023

It is protected by the attorney client privilege. The paralegal is in violation of her duties and the attorney is in violation of his ethical obligations because of what the paralegal did.

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Im on a deferred adjudication case but tested positive on my second ua I’m going back to court what will happen

My community service supervision officer is sending me back to court in Brazoria county Texas for my second failed UA this is for my DWI Case/ possession case

John Cucci Jr.
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answered on Jun 19, 2023

If you do not have a good lawyer, you better get one ASAP!

Brazoria County is notoriously strict with Deferred Adj. I would recommend getting in a drug treatment program before I go to court.

What will probably happen is that the benefit of the Def Adj., will be lost due to your...
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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Texas on
Q: Is there anyway to get a 30 year old DWI felony expunged?

I want to get my rights to carry a gun back. Is there anyway to do that with these felony DWI’s that are 30 years old?

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 21, 2023

No you cannot expunge convictions ..

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: im looking to obtain pretrial papers from 2018 tht i signed stating the vehicle interlock was replaced by in home

im seeing charge i have to pay because im looking to get my license back. But pre-trail tells me i have to request tht from the court i was in, and tht is something my lawyer would have to get for me. But this was 2018, i know i had a court appointed attorney, but i don't remember the... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

All of your paperwork from your case is in the court clerk's file. You have the right to see the file and make copies of any document in it.

Go to the clerk asap to get your answers.

Good Luck!

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My daughter was killed by a drunk and high driver who had cocaine on him. Navigation proves he was in her lane. The DA

Is not filing charges on him for manslaughter, just DWI and possession, because they say my daughter was driving too fast. She was going 93 mph on impact. Can they seriously not charge this man with manslaughter for killing my daughter because of that reason?

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Yes. Everything depends on how the collision between the vehicles occurred. Sometimes, a driver’s state of intoxication is not what caused a collision.

For example, if the drunk driver was driving safely in the same lane of traffic and your daughter crashed into his vehicle from...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I've been out on bond for over 2 years. Bondsman and courts failed to notify of court date. Warrant issued. Statute law?

I have been on bond for a misdemeanor dwi for over 2 years.check in weekly and No notice of court date from bondsman or district clerk . Warrant issued 3 days ago. Isn't there a statute of limitations on a case like this?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 3, 2023

You have already been charged so there is not a statute of limitation problem . You need to retain a lawyer,

1 Answer | Asked in DUI / DWI for Texas on
Q: My First offense ever, "DWI" how likely could I receive deferred adjudication?

Getting pulled over outside a military base ended up getting a DWI due speeding.. what would likely be my out come out of this? I hold a professional license under Texas and I've been told i could still have my job only if I get my case "deferred adjudication"

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 14, 2023

If you are in Harris county you may be able to get PTI which is better than deferred, You can also get deferred on Bac depending Bac . Retain a lawyer.

1 Answer | Asked in Criminal Law, DUI / DWI and Lemon Law for Texas on
Q: I was on Probation the judgel ordered a interlocking device but I ended up signing off the interlock removal & did time

I need help with getting the interlock removal form that was signed to release the device so i can obtain my license

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 6, 2023

You may be able to go to court and ask the PO for the the form

2 Answers | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Bradlee Hines Thornton
PREMIUM
Bradlee Hines Thornton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2023

If it is a true 3rd DWI, then your chances would normally be pretty good to get probation across Texas. This is assuming there were no extenuating circumstances like evading, threatening the officer, involvement in a crash, etc.

The prior evading adds many variables. If you went to prison...
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1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

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Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

1 Answer | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 16, 2023

Yes there is a chance. Retain a lawyer asap

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a case in Oklahoma and there trying to get my pass creminal history to posicute me
Grant St Julian III
Grant St Julian III
answered on Jan 2, 2023

I am not sure of your exact question but if your case is pending in Oklahoma, jurisdiction lies in that state and you need to discuss the matter with an attorney licensed there. Good luck.

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Texas on
Q: I was hit by a drunk driver who passed the red light and hit me and in the police report is saying I’m at fault

My insurance has said I’m not at fault is there anything I can do

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 15, 2022

Your insurance company should be handling the case for you, If they are not handling the case retain a lawyer,

1 Answer | Asked in DUI / DWI for Texas on
Q: Part of my plea deal was 6 mo/s remote breathalyzer 3x daily. Could this requirement ever be removed for good behavior?

(First DUI, San Antonio texas) If I pass all of my breathalyzer tests, random drug tests, pay court fees, is it possible I could request my attorney or probation offier remove this requirement early? Like after 3 months or so? I'm on one year probation. I know I can't reduce the... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 11, 2022

I would would wait 6 months and then have your lawyer approach the judge and ask to have it removed ,

1 Answer | Asked in DUI / DWI for Texas on
Q: What to do if police pulls me over for drink driving
Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 4, 2022

It depends, If you are not drinking take breath test. If you are drinking keep your mouth shut. Do not take breath test or field sobriety test.

1 Answer | Asked in DUI / DWI for Texas on
Q: Should I plead guilty or not guilty on a dui charge at .4 on breathalyzer . I’m 20 years old
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 1, 2022

You should retain a lawyer. You passed the breath test but additional facts have to be discussed

2 Answers | Asked in DUI / DWI for Texas on
Q: My mom was killed in DWI and his lawyer has kept resetting the case for 3 years because he is sick what can we do?

This is Really has been emotional and stressful

Grant St Julian III
Grant St Julian III
answered on Nov 15, 2022

I'm confused. Who is the "he" you are referring to? The driver of the vehicle who hit your mother? Regarding any delay, the pandemic has created a huge backlog in virtually all courts. If your mother was the victim of this crime, I suggest contacting the DA assigned to the case.... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I have straight probation for 10 years i picked up a dwi case its my first time i revoke it can i get reinstated

Can i get reinstated or go straigh to prison

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2022

There is a process to get your probation revoked. The State has to file a Motion to Revoke, and you are entitled to a hearing on the Motion. The court can do many things at that hearing: Revoke you and give you jail time, give you a short jail term like 6 months, then reinstate your probation, and... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: First offense dwi with kid under 15.. I have no lawyer .. What would be the best option for me. ?

I really need help and lawyers cost alot. I screwed up. And this will never happen again. Just need to know how to get probation and not any jail time for this. If I need to pay the fees fine.. just would rather keep my job to pay whatever needs to be paid in payments... plz help...

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

You are facing felony charges. GET AN ATTORNEY. Good luck

1 Answer | Asked in DUI / DWI for Texas on
Q: I was given 10 yr felony probation for a 3 or more dwi in texas, I have a scram on.

My Attorney at the time said I would have to wear it the whole 10 years, is this true?...it says nowhere on any paperwork about the time.

Thank You,

Scott

Penny Wymyczak-White
Penny Wymyczak-White
answered on Sep 29, 2022

You can ask the judge to remove the scacr device. If there are no violations they may grant your request

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