Question about DWI in Texas...court proceedings...

[Maddy McCall]

Not me...don't worry. :-)

A guy I knew when I lived in Texas was arrested for his third DWI in three years in Texas, which has zero tolerance laws signed into effect by Bush in 1999. I understand that the court can look back indefinitely at other offenses (DWI, family violence, etc) when making the sentencing decision.

So, as the story goes, he hired a lawyer, who told him that there was no getting around it. Possible time in a penitentiary.

Here are my questions: (Thank god I have had no experience in Texas felony justice :scared: )

1) What exactly is araignment? Do you plead guilty in that phase?

2) The docket for Federal District Court shows that there will be a hearing tomorrow and it just says "guilty plea." Does that mean that he has already entered a guilty plea or that he is expected to tomorrow?

3) After the hearing tomorrow, since he has or will plea guilty, will he be taken to Huntsville at that point in time?

4) Do all third offense DWIs in Texas go to the pen? My understanding is that since it is a felony, you will do at least two years. Anyone here from Texas that can tell me any differently?

Thanks for any knowledge you can provide about justice in general or Texas justice in particular.

[Loonman]

1. standard stuff

1) plea is entered and court date/pretrial hearing is set

2) Means he or his attorney foolishly already entered a guilty plea, likely for a plea bargain

3)Don't know remand laws in TX

4)Don't know, not from TX

[Maddy McCall]

2. Thanks, loonman

I heard that his lawyer told him that there was no hope, that he should plead guilty or he might wind up doing 10 years at Huntsville.

[bratcatinok]

8. Your friend

needs a new lawyer.

My B-I-L has had 3 DUI's and has never served a day in jail other than when he was initially arrested.

The last time was in June of this year. To compound the problem, he ran from the police. His justification for running from the police (to family) was that he was afraid he'd get another DUI. Well, duh!
The police caught him and he was charged again.

He was sentenced to 4 years probation and 120 hours of community service.

The caveat to this is it's not cheap. He should be prepared to spend anywhere from 5,000 to 10,000 for a good lawyer. It all depends on whether one can afford it and what one's priorities are. For me (and obviously for my B-I-L) it's money well spent in order to stay out of jail.

[Maddy McCall]

12. I don't want him to get out of it...

I want him to do time. Third offense DUI, 5 priors in assault and family violence, etc...

I think when a person has a history of driving while intoxicated, SOMETHING nees to be done--in-house treatment for alcoholism is preferable.

BTW, this is not a FRIEND now. I have absolutely nothing to do with him, but hear "news" through a mutual friend.

Is your bil in texas?

[bratcatinok]

13. Yes, my B-I-L

is in Houston. However his second DUI was in a small town in E. Texas. Ever hear of Woden? It's near Nacogdoches.

I can understand you not wanting your friend to get off. I'd have loved it if my B-I-L had done some time. Unfortunately, my B-I-L doesn't drink like any alcoholic I've ever known so I don't think in-house treatment would help him. He's not an every day drinker or a binge drinker. Oh, and I say this as someone who's been a proud member of AlAnon for 21 years so I've had a little experience with alcoholics.

From the little you've described about your former friend, it sounds like he qualifies for membership in Alcohics Anonymous. Assault and family violence tend to go hand in hand with alcoholism.

If you're close to his family you might suggest they start attending some AlAnon meetings. I have to tell you, they saved my life.

[Maddy McCall]

14. How well do I know where Nacogdoches is...

used to have family in Timpson :-)

I don't even speak to this guy anymore...reason is tied to the domestic violence stuff.

Five convictions or guilty pleas for domestic violence (as recent as 2000) and he is still a free man.

Too many DWIs to discuss...I think he needs to suffer consequences for once.

Thanks for the info, brat :-)

[argyl]

16. Just read about the offense taking place in Harris County.

DWI offenses in Harris county are taken Very seriously.A number of years ago the wife of the Harris County DA(not the current one,I believe)was killed by a drunk driver.Third offense DWI in Harris County will almost certainly involve a term in the Texas Department of Corrections.

[bratcatinok]

17. Third offense DWI

didn't carry any jail term, only 4 years probation and 120 days of community service. Not only was he charged with a third DWI but he also was charged with eluding the police.

That's why I stated a good lawyer is a must if one wants to beat going to jail.

[rfranklin]

3. All of the above does not apply to the Bush family...

They get issued new driver's licences when the old ones get too loaded up with DWIs or manslaughter charges.

[GOPisEvil]

4. You might contact "lastliberalintexas"...

...she's an attorney in Texas. I'm sure she can help you out.

Edit - I've got the penal code in front of me (being in criminal investigations has SOME advantages). If a person has been convicted twice of DWI (Section 49.04) then the next offense is a felony of the third degree, which is punishable by 2-10 years in the pokey and fine of up to $10,000.

[Maddy McCall]

5. The pokey....why is it called that?

;-)

Thanks for looking that up. I was wondering if he can get off with probation, though.

I must say that this is a dispicable guy who has an extensive record for family violence, nonsupport of minor children, DWIs going back 20 years.

Got a DWI in 2000, one in 2001, and then this one in 2003. He had three previous DUIs in the 80s and 90s.

I did contact lastliberalintexas...thanks for that info! And thanks for looking up the code.

[GOPisEvil]

6. I'm guessing he can get probation.

The penalties in the code are not mandated; just maximums, I guess you could say. If he's worked out a plea arrangement, I'd say it's likely that he is either avoiding jail time altogether, or is being sentenced to time served.

This guy sounds like a real prince. What county is this, by the way? That has some bearing, too.

[Maddy McCall]

7. Gregg County (Longview)

188th District Court, Judge David Brabham.

I heard that his lawyer told him to plan to do 2 years. I also heard that he doesn't plan to show up tomorrow, and may already be in Mexico. Bet his bail bondsman would like to know that.

[GOPisEvil]

9. 2 years? Given his background, he's getting off light.

I'm not an expert on Longview, but it IS east Texas. Not exactly the bleeding heart capital of the world.

Sigh...if you can't do the time, don't do the crime. Running to Mexico? Be original - go somewhere else. :D

[Maddy McCall]

10. I should have said his lawyer told him to...

expect to do at least 2 years.

Thanks for answering my questions :-)

Mexico isn't that original, but I imagine if he can avoid prison in any way, he will. He told a mutual friend, "I won't go to prison."

We'll see... :-)

[GOPisEvil]

11. Anytime.

I'm always glad to help when I can. My courtroom experience is limited to being a witness for the state. Talk about tedious. :-)

Oh well...these things have a way of working out in the end. Most criminals, even the ones that run, get caught because they are stupid.

[argyl]

15. A lot depends upon the county where the offense took place.

For years,DWI arrests in Denton County(just north of Dallas) were a joke,as long as you had a good lawyer and a little money.
People were walking around who had been charged with DWI as many as a dozen times and saw no penitentiary time and precious little county jail time.
It is treated more seriously now,but I'm not sure of the particulars.