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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.
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... Read 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... Read more »
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... Read more »
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?
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... Read more »
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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!
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?
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,
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"
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.
I need help with getting the interlock removal form that was signed to release the device so i can obtain my license
answered on Feb 6, 2023
You may be able to go to court and ask the PO for the the form
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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,
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.
My insurance has said I’m not at fault is there anything I can do
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,
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