QUESTION
I want to know how to fight my case, I have been charged with a Class B misdemaeanor (DWI) and a Class A misdemeanor (possession of a pistol)
Asked on Dec 16th, 2013 on DUI/DWI - Texas
More details to this question:
I live in Texas and was driving home from a bar. I was pulled over in July for "reckless" driving, I had been drinking and it went from reckless driving to a DWI, I had a pistol in the glove compartment, that i forgot about( I went to the gun range just two days before i got pulled over, and left it in the glove box) So when i was pulled over I truly forgot that i had it in there, it is mine legally. I was charged with a DWI Class B, and Class A Misdemeanors. I have a lawyer at this time, but i am looking for a second opinion. What options do i have regarding the charges. And what chance do i have trying to fight this? I apologize forthe brief description, if you need more information feel free to ask.
1 ANSWER
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The gun case is largely dependent upon what happens with the DWI. If you have a CHL, then the only way to beat the gun case is to beat the DWI.
The strength of the DWI depends on (a) how you looked on the cops dashcam video (if there was one); (b) the station video (if there was one); (c) whether there was a breath test or a blood test; and (d) what you told the officer during the course of his/her investigation and arrest.
If you look normal and sound normal on the videos, and there is no breath or blood tests, you should not plea guilty to it, in my opinion.
Your options with respect to the DWI is to plead guilty to it, or set it for trial. You can't get deferred probation in Texas on an alcohol case, so that is why the options are more limited than for some other type of cases. Often, the only way to avoid a conviction for a DWI charge is to take it to trial, and to win.
Answered on Dec 17th, 2013 at 3:27 PM