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What Are the Best Defenses to a Texas DWI?
Being charged with DWI in the state of Texas can cause significant anxiety and stress – and with good reason. Penalties for a DWI can be harsh, and the collateral consequences of a conviction can last for many years, making it difficult to secure employment and making automobile insurance prohibitively expensive.
You could even lose your license for an extended period, which can make life more complicated. If you have been charged with DWI, you must choose an experienced Fort Worth, TX DWI attorney so you will have a carefully crafted, comprehensive defense to your charges.
The Top Nine Legal Defenses for Driving While Intoxicated
The defense used by a DWI attorney will be determined by the client’s personal history, whether this is a first or subsequent DWI, and the facts and circumstances surrounding the stop and arrest. Breathalyzers have many flaws that can be used to dispute a BAC reading when this is the only evidence against the defendant. The most common legal DWI defenses include:
Differences in Assault Family Violence and Domestic Violence
While the Texas legal system takes both domestic violence and assault family violence very seriously, there are specific differences between the two offenses, including differences in penalties. Both of these offenses bring their share of collateral consequences, including the social stigma of the charges. Avoiding a conviction is the goal, whether that is accomplished via a plea deal to a lesser charge or having the charges dropped altogether due to lack of evidence or other defenses.
It can be extremely helpful to have a strong legal advocate in your corner if you have been charged with assault family violence, or domestic violence. A Fort Worth, TX criminal defense attorney from The Dameron Law Firm can help ensure you have every legal advantage after being charged with either of these offenses.
How Serious is Resisting or Evading Arrest in Texas?
A month ago in Waco, TX, a woman attempted to resist arrest after being arrested for DWI. The resistance included allegedly kicking an officer in the groin. This occurred after the 28-year-old woman was stopped on suspicion of DWI. After agreeing to a sobriety test, the woman was arrested.
She first "locked" her arms and legs, then was able to free her hands of the handcuffs once placed in the police car. Officers stopped the car and opened the back door to re-handcuff the woman, at which time she continued to pull her arms away and push the officers away. As she was being placed in the police vehicle for the second time, she allegedly kicked an officer in the groin.
The Texas Resisting Arrest, Search, or Transportation statute makes it illegal to forcefully obstruct a police officer from making an arrest. If you have been charged with resisting or evading arrest, contacting a Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be beneficial.
Brownsboro Teacher Faces Felony Charges for Injury to Child
A 39-year-old teacher in Brownsboro, TX is facing felony charges, alleging he intended bodily harm to a seven-year-old in his class when he knocked the child’s desk over. The parents say their child got off the school bus with bruises and a head injury, claiming his teacher "pushed him and hurt him."
An investigator into the incident was shown a video of the teacher interacting with the boy in the presence of three other boys. The video appears to show that the boy "rebelled against requests" to follow classroom rules and was leaning backward in his desk. The teacher then pushed the desk, sending it toppling over and causing the child to hit the back of his head and both elbows.
The parents claim that while the physical injuries to the child have healed, he is "still emotional" about the incident. The teacher was released on a $25,000 bond after being charged with Injury to a Child Intending Bodily Harm. These are serious charges with severe penalties. If you are facing similar charges that could potentially land you in prison for a very long time, speak to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm.
Avoiding Designation as a Habitual or Repeat Offender
Under Texas law, being designated as a habitual or repeat offender can significantly impact sentencing. If you meet this definition, you will face much higher penalties than you would if you had no prior offenses; therefore, you need a strong criminal defense. In some cases, even those with multiple DWI convictions can be designated as habitual or repeat offenders.
The use of habitual and repeat offender enhancements requires that the court ensures the offender meets very specific criteria. On the face of it, a defendant with at least two prior felony convictions who commits a third felony offense could be considered a habitual offender. A repeat offender is one who has one prior felony conviction and commits a second felony. Different scenarios will apply depending on the circumstances surrounding your offenses.
If you are facing designation as a habitual or repeat offender, you should take this very seriously as it could land you in prison for a very long time. Speaking to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be extremely beneficial.
Could I Be Charged with a Felony for Drug Possession?
Across the United States, there are 244,000 Americans sent to prison each year for a drug-related crime, and 26 percent of all arrests in the nation are for drug-related offenses. Texas is well-known for its harsh penalties, even for possession of relatively small amounts of a controlled substance. The specific charges and penalties related to drug possession in Texas will depend on the specific drug and what penalty group the drug falls under.
In some cases, you could be charged with a felony offense for possession of less than one gram of a controlled substance. Drugs are categorized into Penalty 1, 1A, 1B, 2, 2A, 3, and 4. Marijuana is in its own separate category. If you are facing felony drug possession charges, it is essential that you contact a Fort Worth, TX drug possession lawyer from The Dameron Law Firm.
What is the Process for License Reinstatement After a DWI?
If you have a DWI conviction, then it is likely you faced a driver’s license suspension or revocation. Once the suspension period is over, you can have your license reinstated, provided you have complied with all court mandates. The ability to drive is incredibly important in our busy society. We drive to and from work, to and from school, run errands, go on vacations, and visit friends and family. All those things require a driver’s license.
It can take a significant toll on your freedom when you must depend on others to get where you need to be without relying on public transportation. To ensure you have the best chance possible of having your license reinstated, it is essential that you follow the correct process. Having an experienced Fort Worth, TX DWI attorney from The Dameron Law Firm assisting you will help ensure that you regain your driving privileges.
Why Is Fort Worth Cracking Down on Drunk Driving?
The Fort Worth Chief of Police stated in a recent press conference that law enforcement agencies throughout the area will increase patrols targeting drunk drivers. This comes after three drunk driving accidents occurred between Aug. 12th and Aug. 19th. One of the victims was an officer who was helping clear another crash when an inebriated woman driving the wrong way on the exit ramp hit and killed him.
Another police car was hit by a drunk driver a few days later; thankfully, no officers were inside or around the car at the time. Five other people were killed in a single drunk-driving collision during the same week. At the press conference, the Sheriff of Tarrant County said his department had seen a significant increase in DWIs, with 63 people being arrested during the first two weeks of August. While nobody is in favor of drunk drivers having accidents that injure or kill others, in many cases, a prosecutor can be overzealous in leveling DWI charges.
Did the Police Have Probable Cause to Stop You for DWI?
Most of us have heard of "probable cause" but may not be entirely sure of the rights afforded to U.S. Citizens under the Fourth Amendment. This Amendment provides protection against unreasonable searches and seizures. The definitions of probable cause and reasonable suspicion can be fairly subjective. If you have been charged with a Texas DWI and you believe there was no reasonable suspicion or probable cause to arrest you, it is time to contact an experienced Fort Worth DWI attorney from The Dameron Law Firm. Attorney Craig Dameron has more than two decades of experience and will aggressively fight DWI criminal charges on your behalf.
Reasonable Suspicion vs. Probable Cause in DWI Cases
The lack of reasonable suspicion or probable cause in a DWI case could potentially render all evidence collected by the officer invalid. In turn, if there is no valid evidence for the prosecutor to present, your attorney may be able to get your DWI charges reduced or dismissed entirely.
Law Enforcement Stops Massive Texas Bail Bond Fraud Scheme
The FBI's two-year investigation into a Texas bail bond fraud scheme recently culminated in 50 arrests. Bail bonds are the backbone of the criminal justice system, allowing those arrested to enter into an agreement with the court. This agreement consists of a payment and an agreement to appear in court at a later date in exchange for being released from jail.
How Do Bail Bonds Work in Texas?
Most people are largely unaware of how bail bonds work until they or a loved one ends up in jail, and they must quickly learn about the bail bond process. A bail bond is essentially an agreement with the court stating you will appear for your hearings, along with a payment to secure the agreement.
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