My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More 
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answered on Sep 16, 2023
You can remove the interlock. I would send the bill to my Ex.
You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.
Your Ex needs to update the court and/or the probation department about his vehicle status.
I hope this helps.
Good luck!
Texas criminal law
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answered on Sep 15, 2023
In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More
I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More
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answered on Sep 11, 2023
The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.
If your PO will not do it, it MUST be done by a... View More
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answered on Jul 28, 2023
In most DWI sentences, the defendant does about 50% of the sentence time. This number varies from many different factors, and the officials and programs, the defendant completes. If you can get qualified for a "sober house" or similar program, you can be out of jail in less than 50% of... View More
If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More
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answered on Jul 2, 2023
Payment has no impact on the Attorney-Client Privilege.
It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.
The reason is that the system protects the truthful statements of a potential... View More
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
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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... View More
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?
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... View More
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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... View More
This is Really has been emotional and stressful
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
Can i get reinstated or go straigh to prison
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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
I am being charged with a third degree felony DWI.
With my first two charges I was only convicted of one. Can they convict me of a felony even though I only have one CONVICTION on my record?
answered on Jun 16, 2022
If no special aggravating circumstances are being alleged (for example, that someone was seriously injured in an accident resulting from your alleged DWI), and you are charged with regular DWI, then the State needs to prove that you have two prior CONVICTIONS. You can be charged with third-degree... View More
I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?
answered on Jun 14, 2022
A DWI third can be reduced to a Class "A" misdemeanor. This isn't uncommon at all. It will help if you don't have significant criminal history and lawyer has a good plan for attacking the evidence. Often, you won't get an offer like this unless your lawyer is willing to set... View More
Police were dispatched to my apt where I was cleaning my vehicle listening to music in front of my small apartment fir noise complaint.
This is a home that has been converted into three small apartments. To access my place one must turn down an entrance that is not easily accessible from... View More
answered on May 31, 2022
"Operating" a motor vehicle is not a defined term in Texas so courts look at the "totality of the circumstances" to decide whether a person was really in control of a vehicle.
Sitting in your car and operating the radio is probably not operating. But most prosecutors... View More
answered on May 25, 2022
A time-served is essentially the judge sentencing you to the time you were *already* in jail as your sentence, with no further jail time required. Unlike a repeat DWI, this is an option for a first-time DWI. You should note that by law, a "time-served" carries a driver's license... View More
i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... View More
answered on May 9, 2022
Actually, if you already signed for deferred adjudication, that means you already confessed AND entered a guilty plea. The time to fight the case is BEFORE you take a plea. I'm guessing you've got better things to do with your money than spending $20K on an appeals attorney for a... View More
i was pulled over for not making a complete stop at a stop sign and i told the officer that i tossed a cup of alcohol out of my window when i seen him turn on his lights. i was going down a underpass when i tossed it theres no dash cam footage or any other evidence that i did this except for me... View More
answered on May 9, 2022
Yes, a recorded confession can absolutely give the officer probable cause to justify an arrest. Ask your criminal defense attorney to watch the recording and give you an opinion on whether or not it is enough for the government to prove its case against you beyond a reasonable doubt.
So what can I do to get the
M back
answered on Apr 27, 2022
If the original suspension arises from an incident in Missouri, Texas will not give you a license until they receive a clearance letter from Missouri stating that you have completed all requirements under the laws of that state and there are no further holds on obtaining a license. Talk with the... View More
Was that letter for me or just a notice of the case filed against the other driver?
answered on Aug 28, 2023
No one in this forum can comment on a letter they haven't seen. Take the document to an attorney for review. Good luck.
She was transferred here from Linda Woodman on June 1st for unknown reasons despite this being a prison for mostly victim-related felony offences. She is the first in our families to ever be in this situation and I am trying to help her understand the sequence of events after she is released and,... View More
answered on Jul 29, 2023
I am not sure of your exact question, but it seems like therapy/rehab info is what you're seeking to help your family member
answered on Jul 7, 2023
You have two viable options: 1) prove that you were not operating a motor vehicle, or 2) prove that you were not intoxicated.
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