Plano DWI Lawyer Blog

The law treats Driving While Intoxicated cases differently from any other type of case, particularly for misdemeanor DWI cases. One of the ways that the law treats Driving While Intoxicated cases differently than other misdemeanor cases, is that the law currently does not authorize deferred adjudication in DWI cases.
In a deferred adjudication situation, a person enters a plea of guilty or no contest, but the judge does not make finding of guilt. Instead, the court defers making a finding of guilt for the period of time specified in the agreement. If the person successfully completes the deferred period, the case is dismissed and no finding of guilt is made.

For most types of offenses, the discharge and dismissal results in the eligibility to seek an Order of Non Disclosure, essentially sealing the record from public view. Presently, this type of an arrangement is not available for DWI cases. That may be about to change however. Recently, Todd Smith, R-Euless  proposed legislation that will change the law,  making  deferred adjudication an option in DWI cases.

The question comes to mind though, is this a good thing or a bad thing for those accused of Driving While Intoxicated in Collin or Dallas County?  Well, like most things, it depends.  One consequence of the no deferred adjudication law in DWI caes is that many cases with marginal evidence of intoxication are tried to juries, sometimes resulting in not guilty verdicts for the accused person.  If deferred adjudication is an option, many people may be tempted to resolve their case with deferred adjudication.  Why?  This is because with deferred adjudication, the accused will likely still have the option to have the case dismissed, and potentially seal the record.  If the accused is convicted by a jury following trial, the person receives a final conviction, with no possibility to seal the record.  For many people then, the temptation to choose the route that, on the surface anyway, seems safer may be strong.

If the legislature is considering amending the statute to authorize deferred adjudication for Driving While Intoxicated cases, the amendment will be meanignless unless they amend the statute that regulates deferred adjudication to authorize Orders of Non Disclosure for successfully completed DWI deferred adjudication, and authorizes immediate eligibility with no waiting period.

24 hour jail release.  Call 214 995 8513 for immediate assistance.

If your loved one has been arrested in Plano or Frisco, you may have been informed by the jail staff that you need a writ bond, sometimes called an attorney bond. I can assist you in obtaining immediate release for your friend or family member by filing a so called "writ bond" with the proper authorities.

 When someone is arrested in Plano or Frisco, they are typically taken to the city jail before they are eventually transferred to the County detention center in McKinney.  The arrested person will not be released until they can post a bond.  There is often a considerable delay between the time a person is arrested and the time a bond is set.

The filing of a writ bond by an attorney has the effect of setting a bond immediately, without the necessity of waiting for a magistrate to set the bond.    

  Call 214 995 8513, twenty four hours a day for assistance.   

As far back as May of this year, I wrote about Texas State Senator Jane Nelson's stated plan to introduce legislation in the upcoming 82nd Texas legislative session that would effect a lfetime driver's license suspension on those convicted of driving while intoxicated for the second time.

Now, opposition to this proposal is coming from the unlikeliest of sources.  Public policy liason for the Texas chapter of Mothers Against Drunk Driving  Bill Lewis, speaking aout the proposal, stated his opposition.

  Mr. Lewis, in effect, echoed the opinion of many that the passage of legislation which would have the effect of supending a person's dirver's license for the rest of their life upon conviction for driving while intoxicated a second time would do little to prevent driving while intoxicated.

An expunction is a court order to law enforcement agencies in possession of your criminal history. The order requires the law enforcement agencies to destroy your record. If your case is expunged you may deny the occurrence of the arrest and in most situations may deny the existence of the order!

1.   Determine if you are eligible
Certain categories of people who have been arrested may be eligible for an expunction. If you have been arrested for an offense and were acquitted (found not guilty) by a jury or judge you may be eligible to have the records expunged. If you were arrested and a case against you was never filed in court or was filed and later dismissed, you may be eligible to expunge the record-  after the statute of limitations period has run. For misdemeanors, the period is two years. For felony offenses, the statute of limitations varies with the offense. If you were placed on deferred adjudications for a Class C offense and successfully completed the deferred probation, you may be expunction eligible after the two year limitations period has expired.

Deferred adjudication probation for offenses Class B or higher will NOT result in expunction eligibility. Finally, certain alcohol offenses committed by minors are expunction eligible at age twenty one under separate law.

2.   Draft and File the Expunction Petition

To successfully obtain an expunction order you must draft a Petition for Expunction. The requirements for expunction eligibility may be found in Chapter 55 of the Texas Code of Criminal Procedure. This is the paperwork that informs the court that you want an expunction. The Petition must list the law enforcement agencies that you believe have information about the criminal history you seek to expunge. You must file the original signed petition with the District Clerk in the Judicial District in which you were arrested. Typically there is a substantial filing fee.  In Collin County right now I believe it is $260 plus the costs of serving each "respondent."  You must also serve a copy of the Petition on the local District Attorney's Office. It may be a good idea to bring a copy of the Petition for each law enforcement agency listed in your Petition so that the clerk may provide copies to each. For alcohol offenses committed by minors, you may be required to file the Expunction Petition directly in the convicting court

3.Obtain a signed expunction order.

Once you have filed the petition and have served the appropriate parties with a copy, you attorney will draw up a proposed order that lists the information required by Ch. 55 of the Code of Criminal Procedure and seek the signature of a judge on the order. This typically happens in one of two ways. One, the matter is set for hearing and you prove that you are eligible according to the terms of Chapter 55, Texas Code of Criminal Procedure. The second, and more common method is to present a proposed agreed order the Assistant District Attorney assigned to handle expunction petitions. If the District Attorney agrees that you are expunction eligible, they will frequently indicate their agreement by signing your proposed order. When the D.A. signs off on your proposed order, take it to the assigned court and tell the court staff about the agreed order. Finally, take the judge signed order back to the clerk with enough copies for all the agencies entitled to service.

As a family member of a person who has just been arrested, you are likely to be bewildered and confused at to how to have your loved one released.

Call me at (214) 995 8513, and I will arrange to have your love one released immediately and will explain what is happening in detail.  I will give you a step by step outline of what will happen.

 Not only can I help your loved one with getting out of jail, but as a former Collin County Criminal Prosecutor, and practicing Collin County defense attorney I can answer questions about how the process will work going forward.

When a person is arrested on a misdemeanor, a bond must be set and paid before the person is entitled to release.  From the time the person is arrested until the time a bond is set by a magistrate, up to 24 hours could elapse.  Until the bond is set, the arrested person has no right to release.

IAs an attorney, I can assist you in obtaining immediate jail release before the person has seen a magistrate.  This can be done by the filing of what is commonly referred to as a writ bond.

A writ bond is a document filed by an attorney on behalf of the arrested person.  When an attorney files a writ bond, it has the effect of setting a bond on a pre set schedule  . When the attorney files the writ, the bond can be paid immediately and the person released from custody.

This means bond can be posted without having to wait to see a magistrate -- usually just hours after the arrest.