A single traffic stop can have both immediate and far-reaching implications in your daily life, especially if you incur a driver’s license suspension because of DWI charges. A suspension might mean that you have no way to get to work. This can place your job at risk, which can quickly lead to financial crisis, especially if you are the primary income earner in your household.
Provided that the court did not suspend your license due to unpaid child support or a medical condition, you might be eligible for an occupational driver’s license following a DWI arrest. This is a license that enables you to lawfully operate a motor vehicle for specific reasons. Such reasons include going to school, work or essential household duties like grocery shopping.
You must file a petition to request an occupational driver’s license following a DWI arrest. You’ll typically have several options as to where to submit your petition, including the original court of jurisdiction where your arrest took place, as well as a Justice of the Peace or district court in your residential area. Be aware, however, that if the court issues an order to grant your request, you must take further action to obtain the occupational driver’s license.
In addition to the court order approving your request for an occupational license, you must also submit application fees, a financial responsibility insurance certificate and several other important documents to the Department of Public Safety. Only after you have met all requirements will the department issue your occupational driver’s license. It’s worth noting that this system is set up for non-commercial driving licenses only.
If the court has revoked or suspended your commercial driver’s license (CDL) because of DWI or for any other reason, you are not eligible for an occupational license to temporarily replace the CDL. An occupational license is only issued for operation of non-commercial vehicles. If you’re unsure whether you qualify for an occupational license in Texas, you may reach out for guidance from someone who is knowledgeable about drunk driving laws in this state.
]]>If a police officer is asking a question like that, it’s clear that he or she suspects you of drunk driving. The officer might even say, “Please step out of your vehicle.” There are several things you must do during a traffic stop, and one of them is to exit the vehicle if the officer instructs you to do so. However, you do not have to answer questions about alcohol.
Whether an officer has pulled you over for speeding, a broken taillight or suspected drunk driving, the patrol officer making the stop will ask to see your driver’s license, proof of insurance and vehicle registration. You must produce these documents. You must also confirm your name and address. Anything beyond that (meaning other questions) is not obligatory.
A police officer can ask anything he or she wants during a DWI stop, such as where you were earlier or who you were with. The officer might ask questions in such a way that it appears he or she has already assumed, like asking, “How much have you had to drink?” rather than “Were you drinking?” No matter what the question is, you do not have to answer it. You may invoke your right to remain silent under the Fifth Amendment of the U.S. Constitution.
When a Texas police officer detains you under suspicion of DWI, he or she immediately begins trying to establish probable cause to make an arrest. If you admit that you consumed alcohol before getting behind the wheel, it will compel the officer to try even harder to establish probable cause to make an arrest. You also don’t want to lie if you did imbibe before driving.
A driver may simply state, “I am invoking my Fifth Amendment right to remain silent.” You can also say, “I choose to not answer the question.” Silence is in no way an admission of guilt. If you choose to answer the officer’s question about alcohol, be aware that whatever you say can and will be used to try to incriminate you in court if you wind up facing DWI charges in Texas.
]]>There are no rules requiring you to hire a criminal defense attorney. If you choose to do so, you can represent yourself in court. Before you make such a decision, there are several factors to consider.
An experienced attorney understands the criminal justice system and knows how to resolve a case in the swiftest, most economically feasible manner possible. An attorney also knows how to poke holes in the prosecution’s case, which might help you stay out of jail. In the long run, therefore, the benefits of hiring an attorney far outweigh the cost, especially because you might get results quicker, which means less time off work, which means you might not lose your job.
Interrogation following an arrest can be an unsettling experience. The Fourth Amendment of the U.S. Constitution protects you against unlawful searches and seizures. The Fifth Amendment protects you against self-incrimination, which means you have a right to remain silent when police ask you questions.
With an attorney present to advocate on your behalf, the interrogation process will be much less stressful. Your attorney can advise you before you speak so that you do not answer questions in a way that constitutes an admission of guilt or otherwise places you at risk for self-incrimination.
If you’re representing yourself, you might not know whether it’s better to plead guilty in exchange for a plea bargain or to plead not guilty and decline the plea offer. A criminal defense attorney can review the offer and explain to you why one option might be better than another.
Facing charges in Texas for DUI, drug possession, unlawful possession of a firearm, theft, assault or any other crime means that you might incur severe penalties if the court hands down a conviction. You can boost your chances of a favorable outcome by allowing a criminal defense attorney to speak and act on your behalf throughout proceedings.
]]>Former Governor Ricky Perry activated a bipartisan reform of the Texas criminal justice system. At the time, state prisons were full, yet the governor learned that at least 17,000 or more inmates could enter the system that year. Data shows that the mandates ultimately saved taxpayers millions of dollars and reduced the prison population.
If you are one of many pregnant women who have had their cases adjudicated through the Texas criminal justice system, you’ll no doubt be glad to know that mandates instituted in 2019 have made state prisons a lot safer for expectant mothers. The following list shows several mandates that are currently in place to protect pregnant women who are serving time in jail:
In recent years, these and other reforms have reportedly had a positive effect on communities throughout the state. The overall crime rate in Texas has greatly decreased, and the prison population has been reduced so much that numerous prisons have been closed.
While most people would agree that there have been significant improvements made in the Texas criminal justice system, no one wants to wind up in jail. An arrest and charge with a crime doesn’t necessarily mean you will face a conviction or serve time in prison if a conviction is handed down.
Regardless of the events that led to your arrest, as a defendant with an active docket sheet in a Texas court, you have an opportunity to exercise any options or strategies available to try to mitigate your circumstances. You have a right to seek counsel and a right to challenge evidence or request a case dismissal if a personal rights violation took place leading up to, during or following your arrest.
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