I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.
I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.
What are you charged with? Call an attorney in your area.
At arraignment th police report says that I was stopped for no seatbelt .I was charged with DWI he claims the oder of alcohol and glossy eyes. On the way out I stopped at traffic ticket office and there is no seatbelt ticket under my i.d Was that a lawful stop?
The no seatbelt reason is the probable cause for stopping you. A police officer does not write the ticket for the no seatbelt because a DWI is a more serious crime. Nevertheless, a judge may find that the probable cause was not reasonable. Hopefully, you landed in a friendly Houston Harris County... Read more »
Yes, you will be considered a first offender because once you complete a pretrial diversion your case is dismissed.
Thanks
It's not fair to say your attorney did nothing since you are on probation when you could be doing hard time in the state penitentiary after being charged with FELONY DWI and entering a plea of Guilty, or No Contest which is the same as Guilty. If the probation officer told you to pay what you... Read more »
It depends on where he says it. For example, if he says it on the side of the road when he is hoping to get you to confess then it's not... if he says it in a sworn statement it might be perjury, if he says it while testifying under oath it might be aggravated perjury. Turn to chapter 37 in... Read more »
I found her parole conditions and she really didn’t take any of the bullet points seriously. Is there any chance the judge will still grant her probation? Or would she have to serve out her guilty verdict of 5 years?
Yes, it is possible for the judge to keep her on probation. It depends on her violations, how long she has been on probation etc.
I was making payments and showing up to my appointments until my p.o got fired . I never got reassigned and my calls never got a call back. I got pregnant lost my job and stopped making payments . Now i received a court letter saying i need to show up to court . I have a newborn I’m scared I’ll... Read more »
I answered this question above...
I got my first DUI , my first offense and they put me on the PTD program , i showed up. signed in made payments until my probation officer was let go. I never got reassigned a new one and would still show up i only had 230 left . I was pregnant and lost my job and just had my newborn this month but... Read more »
You should a hire a local lawyer to help you with this situation. I have handled similar situations in the Houston area where the person did not go back to jail. Good luck to you!
i have been on probation for 11 months and on a call in system every single day since i started.. Never failed my in car breathalyzer, UA or alcohol test... have been getting tested AT LEAST once a month, the last three months have been twice.. In January I will be going for my third random test..... Read more »
Your lawyer can always request the court to stop the drug testing based on the length of time you have been “clean.”
Was convicted 6 years ago and im currently on mail out reports where I report every 3 months. Had this problem for years but as I'm getting older it has progressively got worst, where I need to seek medical help.. worried about taking the prescription because I know probation officers can be... Read more »
Take the prescription to your probation officer and you should not have a problem. If your PO does have an issue, call your attorney. Good luck.
Him for 1 1/2 months hired another attorney how can I get my money back from the first attorney what are the consequences.. my son has a learning disability that's why I need the attorney to call me or my uncle
Go to texasbar.com and look under the section for the public. There is a way to file a grievance although before going to extremes there are instructions and help for how you may recover some of your money.
It can be expunged if all charges stemming from the arrest were dismissed, or if you were found NOT GUILTY at trial, or if your conviction was overturned on appeal or pardoned by the Governor of Texas. If none of those things are true then it can't be expunged unless they change the... Read more »
After i have served more than 10 yrs in prison
Go to the court that sent the hold on yiur license to the DPS and see if the fees can be waived. Or call your attorney. Good lucj.
If convicted or plea guilty does it mean my cdl will be suspended for another year start from the conviction date.
Yes, it generally will, however your lawyer may be able to negotiate that point in a plea bargain. One method I have used in the past is to have my client plead to "obstruction of a highway" so their license is not suspended. But it depends on the strength of your defense and the... Read more »
I complicated my 1 year probation with no violation .No any other tickets .I've been in the U.S for about 6 years . My chance and what do I need to do ? Thanks a lot .
Cem Gungor .
It certainly becomes more difficult when you have a class A misdemeanor, (DWI 1) but I suggest you ask an immigration lawyer.
These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.
Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.
My sister was found not guilty by a jury about 3 weeks ago. The judge actually commented that she never should've been arrested in the first place (officer knew NOTHING about the tests he scored her by), and after the verdict he told her she had 30 days to have her record expunged free of... Read more »
A petition for expunction must be filed. Once the petition is granted, law enforcement and governmental agencies are instructed to destroy all records of the matter. Right now, if a background check is performed on your sister, her DWI case would appear, albeit it would show as dismissed. After... Read more »
Please ask a question. But just for information puroses, deferred adjudication probations are not allowed in DWI cases in Texas. If probation is granted in a Texas DWI, it is only granted after a defendant is found guilty (i.e., convicted) of the offense, so it can never be deferred.
Can I still be charged for a 2nd
Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?
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