Incident is over 2 years ago and all they have is body cam footage of car being off the side of road and suspect being belligerent. Is that enough evidence alone for a conviction? No prior DUI's before this
Short answer: yes, prosecution and/or conviction on DWI cases is still possible without the tests you describe. The State of Texas was prosecuting DWI cases long before blood or breathalyzer test were available. Talk with your attorney. Good luck.
Will it be on my record forever and does this keep me from owning a firearm.i just didnt know if after so long after my dui charge I could own a firearm.i did a dumb mistake years back and its affected my whole life.
Below is a copy of the applicable statute (the current one, not the 2006 statute). If a final conviction was entered on the case, the only way to remove the matter from your record is via pardon from the Governor. A person convicted of a felony can never possess a firearm under federal law. Good... Read more »
I'm not sure what your question is?
That is probably a mistake, as any medication in your system, prescribed or otherwise, will be used against you. Having a Prescription does not make it okay to be medicated while driving. Hire a competent attorney as I guess that you have been charged with DUI.
Not sure of your question. It sounds like you did not show up for Court, which probably embarrassed your lawyer. He will remember you and will undoubtedly recuse himself. Hire a good attorney now to make this as painless as possible.
Your Judge for what? Talk with your attorney about a motion to recuse. Good luck.
March 25th 1-35 South. Fender Bender. I DON’T DRINK at all. They want to install equipment where I blow into
Hire a criminal defense attorney to obtain copies of evidence through the "discovery" process outlined in Article 39.14 of the Texas Code of Criminal Procedure.
Don't worry about the IAT; I don't know exactly what you are looking at but it's PROBABLY the initials of the clerk who made the entry into the system. Talk with your attorney. Good luck.
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.
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