QUESTION
Can a subsequential charge be dismissed if the instant offense was dismissed by the DA?
Asked on Apr 30th, 2014 on Criminal Law - Texas
More details to this question:
My boyfriend was pulled over two years ago for suspicion of drunk driving. He was then given a field sobriety test and detained. He refused to administer a breathalyzer test and opted to be detained and give blood. The results of his blood test came back to be under the legal limit in Texas, which is 0.08, his results were 0.06. As a result of him being pulled over for suspicion of drunk driving his vehicle was searched and there was cocaine found under the passenger seat of his truck. His DWI charge was dismissed about a month ago. Is there a legal standpoint to go after in order to try to get his possesion charge dismissed? Is this a consideration under the "fruit of the poisenous tree" doctrine?
1 ANSWER
Assault Attorney serving Richardson, TX
2 Awards
The dismissal of the DWI has no effect on the filing and prosecution of the drug case. What is important are the facts leading to his being stopped in the first place and how he performed on the field sobriety tests. The concept of "fruits of the poisonous tree" applies to anything found after an arrest without probable cause. Depending on where the case was filed, there may be some type of diversion program to avoid a conviction if a motion to suppress is not sucessful. he does need an attorney if he wants to have a good chance of minimizing or eliminating the consequences carried by the criminal charge.
Answered on Apr 30th, 2014 at 3:23 PM