Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « 75 Facts about Texas DWI Case – Part 1
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- Here we have explained 75 facts about the DWI case in Texas. They are for your guidance and I have just tried to help you a little bit to have knowledge about the few facts of Texas Dwi case.
Texas DWI – 7 tactics that could be used in DWI pre-trial motions
1. The dui attorney can argue about the constitutionality of the stop.
2. The dui attorney can argue about the constitutionality of the administration of roadside tests.
3. The dui attorney can argue about the constitutionality of the probable cause to arrest.
4. The dui attorney can argue about the constitutionality of the Miranda rights.
5. The dui attorney can argue about the use of any blood or breathe test.
6. The dui attorney can argue about the constitutionality of any search and seizure.
Texas DWI – 9 preliminary motions in a DWI case
1. There could be a motion to suppress evidence on the ground that the cops have stopped you unconstitutionally.
2. There could be a motion to suppress evidence on the base that the cops have done an unconstitutional search and seizure.
3. There could be a motion to suppress statements in case if the cops have failed to give you your Miranda rights.
4. There could be a motion for the discovery of evidence.
5. There could be a request for the video of your stop.
6. There could be a request for the video of the “intoxilyzer room”.
7. There could be a motion for 404(b), and 37.07 evidence just in order to know your previous history.
8. They could also submit an application for Probation.
9. There could be motions in Limine which will prevent the district attorney from bringing up certain information that is not accepted in a law court.
Texas DWI – 2 ways to save your license after a DWI conviction
1. You have the right to request an occupational license if your license is suspended.
2. Sometimes, if you may take the DWI Education course within 180 days then your license will not be suspended.
Texas DWI – 5 ways your license can be suspended in a DWI case.
1. In case if your blood alcohol that was determined at that time was over the legal limit.
2. In case if you have denied to submit to a blood or breath test.
3. In case if you have been convicted of DWI.
4. In case if your license has been suspended by the judge as a condition of your bond.
5. In case if you are convicted of a DWI, and you are not able to pay DPS’s “Reinstatement Fee” which is between $3,000 and $6,000.
Texas DWI – 3 key pieces of information in a DWI case
1. There should be an estimation of the strengths and weaknesses of the State’s case against you.
2. There could be a deep knowledge about the effect of a conviction.
3. You should know about the price that your attorney will charge if you take your case to trial.
Texas DWI – 5 requirements of valid roadside and chemical testing
1. The officer must prove in the court that he had a reasonable suspicion that you were violating the law.
2. The officer must prove in the court that he had probable cause to arrest you or obtain your consent for roadside tests.
3. It is the responsibility of the officer that he must inform you of your rights concerning a breath or blood test.
4. Before giving you a breath test the officer must perform a 15 minute “observation period”.
5. The proper chain of custody of your blood must be maintained.
Texas DWI – 5 ways that the arresting officer’s testimony may be discredited
1. If he has provided Inconsistent statements.
2. If he has failed to recollect.
3. If he has been unable to conduct the Standardized Field Sobriety Tests in the same way as it is prescribed.
4. If he fails to properly state what his reasonable suspicion for stopping you.
5. If He or She fails to follow proper State, Country, or Federal procedures.
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