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Texas DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: Why wont the prosecutor throw put my DWI case when i obviously didn't do it?

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.

Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

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.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Probate for Texas on
Q: Ima trying to know how long ima be locked up for
Grant St Julian III
Grant St Julian III answered on Mar 19, 2020

What are you charged with? Call an attorney in your area.

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Texas on
Q: I was charged with DWI .The police report says the reason I was stopped was for no seatbelt. I wasn't ticketed .

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?

Herman Martinez
Herman Martinez answered on Mar 5, 2020

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 »

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1 Answer | Asked in DUI / DWI for Texas on
Q: After completing a pretrail diversion for a dwi ,if I were to get another one does that count as my first one?
Herman Martinez
Herman Martinez answered on Mar 2, 2020

Yes, you will be considered a first offender because once you complete a pretrial diversion your case is dismissed.

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Texas on
Q: I am disabled in probation with an officer who don't specialize with people with needs and on SSI what can I do?

Thanks

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 21, 2020

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 »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: If an officer on the stand says he paced someone and the dashcam shows he didn’t, is that considered purgery?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 19, 2020

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 »

1 Answer | Asked in DUI / DWI for Texas on
Q: My aunt is in jail for revoking probation and violating 4 conditions on a DWI 3rd conviction. Any chance she gets out?

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?

Herman Martinez
Herman Martinez answered on Jan 27, 2020

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.

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: i have PTD termination court , how can i fight it?

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 »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

I answered this question above...

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I have PTD Termination court ! What can happen?

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 »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

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!

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: when is to much drug testing to much.. misdemeanor dwi, 11 months on never failed ua or breathalyzer. 3 times this month

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 »

Herman Martinez
Herman Martinez answered on Jan 27, 2020

Your lawyer can always request the court to stop the drug testing based on the length of time you have been “clean.”

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Been on probation for DWI III for 5 years, developed a panic disorder and was just prescribed xanax can I take it?

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 »

Grant St Julian III
Grant St Julian III answered on Jan 9, 2020

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.

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2 Answers | Asked in DUI / DWI for Texas on
Q: I hired a attorney for my son DUI the attorney would not return any calls but he was paid , I have been trying to call

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

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

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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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Texas on
Q: Hi my name is Nikki. Wanted to see if my felony of DUI/w child under 15 could be expunged, if ever?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 20, 2019

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 »

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1 Answer | Asked in DUI / DWI for Texas on
Q: I got a letter from DPS stating that they will not renew my dl's because i owe court cost fro more than 13 yrs ago

After i have served more than 10 yrs in prison

Grant St Julian III
Grant St Julian III answered on Nov 4, 2019

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.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi fail breath test ok my cdl was suspended for a year in December 2018 I haven't went to trial

If convicted or plea guilty does it mean my cdl will be suspended for another year start from the conviction date.

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

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 »

2 Answers | Asked in DUI / DWI for Texas on
Q: I had a dismissed dwi in 2016 .that was my first time .no other tickets .can I become a citizen ? Thanks .Cem gungor

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 .

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

It certainly becomes more difficult when you have a class A misdemeanor, (DWI 1) but I suggest you ask an immigration lawyer.

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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

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.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

1 Answer | Asked in DUI / DWI for Texas on
Q: Found 'Not Guilty' for DWI in Texas, how do I have my record expunged?

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 »

Grant St Julian III
Grant St Julian III answered on Oct 2, 2019

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 »

1 Answer | Asked in DUI / DWI for Texas on
Q: Maybe reduced. But was a deferred adjudication
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 21, 2019

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.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was recently charged with a dwi 2nd my first one was in 1993 and was a no contest deferred adjudication. is that fair

Can I still be charged for a 2nd

Grant St Julian III
Grant St Julian III answered on Aug 21, 2019

Deferred adjudication was not available on a DWI case in 1993. Was the charge reduced or changed?

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