« 75 Facts about Texas DWI Case – Part 2

June 14, 2009

0 - add yours »

In the previous article you must have read few facts about Texas DWI, in this article I have explained the rest of the facts about Texas DWI.

Texas DWI – 6 reasons why a DWI jury trial may be for you

It is required that further away a reasonable doubt six people have to agree on your guilt. In a misdemeanor DWI the number of people is 6 and in a felony DWI the number of people must be 12.
It is the only way in most of the cases by which you can keep your record clean.
Punishment given to you if you are found guilty will almost be of same kind as the punishment which will be given to you if you plea guilty.
DPS decided to assess a surcharge of 3,000-6,000, and the only way might have with you to avoid it is a jury trial.
The “plea bargain” which has been offered to you, after all was not much of a bargain.
What you have to imagine is that you are not guilty. You have to think in this way as this possibility has never ever considered by the policeman and the district attorney.

Texas DWI – 5 items crucial to your DWI defense

There should be a good investigation of the facts.
Forceful cross-examination of the evidences should have been done.
There should be a sound understanding of constitutional principles.
You should hire the best qualified attorney who has complete knowledge about Texas DWI law and he has much experience in the area of Texas DWI law.
There should be an understanding of the practices and procedures of DWI in the country in which you are charged.

Texas DWI – 10 Questions your attorney should be asking you

Your DWI attorney may ask you about your route of journey prior to arrest.
Your DWI attorney may ask you about your consumption of alcohol or drugs.
Your DWI attorney may ask you about your observations of the officer.
Your DWI attorney may ask you about the reasons stated by the officer for stopping you.
Your DWI attorney may ask you that whether the officer asked or ordered you to take roadside tests.
Your DWI attorney may ask you about your performance on roadside tests.
Your DWI attorney may ask you about the statements that you had made to the officer.
Your DWI attorney may ask you about the results of any breath or blood tests.
Your DWI attorney may ask you that whether there were any witnesses to your arrest.
Your DWI attorney may ask you that whether you were observed for 15 minutes prior to a breath test.

Texas DWI – 2 Things you must do to preserve your right to drive

Make sure that the arresting officer should have provided you with paperwork about the suspension of your driving license i.e. the notice of suspension.
Make sure that you have 15 days from the date the notice was served to request a hearing to contest the suspension or there will be an automatic suspension of your license.

Texas DWI – 7 Things the District Attorney Must Prove

You.
The date when you were arrested
You have operated a motor vehicle in a public place
You were driving in the state of Texas, in (Collin, Denton, Dallas) County
You were driving while you were intoxicated
Due to intoxication you were not having the normal use of your mental or physical faculties, or above a .08% blood alcohol concentration.
You were not behaving as a normal person due to the introduction of alcohol (or drugs) into the body.

Texas DWI – 10 Things the District Attorney may not want you to know

All the witnesses were not available to prove their case.
The arresting officer has moved or he is not willing to testify.
The Witness by whom the DWI was “called in” cannot be found.
The person who was the “Technical Supervisor” of the breath test is not available to testify.
The person who was the “Breath Test Operator” is not available to testify.
They have got exculpatory evidence by which your innocence would prove.
In order to prove your blood alcohol level they are facing some evidentiary problems.
In order to prove that you lost the normal use of either your mental or physical faculties they are facing some evidentiary problems.
If you are found guilty after trial you will receive almost identical punishment.
You will be assessed a $3,000 – $6,000 surcharge by DPS, if you plea guilty.

More...

75 Facts about Texas DWI Case – Part 1 Here we have explained 75 facts about the DWI case in Texas. They are for your guidance and I have just...

10 DWI/DUI Myths and Their Facts – Part – 2 In the previous part you must have read few myths and their facts. This is the next part of the article...

DWI Enforcement during Christmas and New year Holidays In order to enhance the enforcement of DWI laws, the Montgomery County Sheriff’s Office will join forces...