Archive for March, 2016

Texas DWI Defense Attorney Describes How DWI Defense Attorneys Help Their Clients

Thursday, March 31st, 2016

 

One of the first things that a driver who has been charged with DWI is likely to think about is whether they should contact an attorney. A DWI case has the potential to affect your life in many ways, both now and well into the future. Experienced DWI defense attorneys spend a great deal of time defending clients who have been charged with DWI, so they are familiar with every step of the DWI case process. They also spend time keeping themselves current on state and local laws that affect DWI cases, and staying up to date on the latest DWI defense strategies. Every defendant who is facing DWI charges deserves the best possible chance at resolving their DWI case in a manner that accounts for who they are as an individual and what is most important to them. The way to give yourself that opportunity is to retain a Texas DWI defense attorney.

Your Texas DWI defense attorney can help you in a number of ways, from ensuring that all necessary paperwork is filled out properly and file in accordance with the applicable deadlines to explaining the various choices that you may have for resolving your DWI case. They can help you to understand how DWI case evidence works, and explain the potential consequences of a conviction. Your attorney can answer your questions about the aspects of your DWI case that matter most to you.

It is possible that you have been informed that you qualify for the services of a public defender, an attorney who is paid by the State of Texas to provide legal representation for low income clients. If you qualify for public defender services, you may choose to use them or you may choose instead to select and pay for your own attorney. If you do not qualify for public defender services, you can retain a private attorney to represent you in your DWI case. Private attorneys who specialize in handling DWI cases provide the best legal representation for DWI defendants because they provide comprehensive support for all of your needs related to your DWI case. A DWI case has two separate parts, the criminal case and the administrative license suspension, which is a civil proceeding. Public defenders can represent a client during the criminal portion of their DWI case, but they do not participate in the administrative license suspension hearing process which is the process that deals with the fate of your driving privileges. A private attorney can handle both the administrative license suspension part of your case as well as the criminal proceedings.

If you have been charged with DWI, you may have a lot of questions and concerns. There is a lot at stake, including your driving privileges and your freedom. Fortunately, you do not have to go through this experience alone. Texas DWI defense attorney Jack Pettit, Attorney at Law, has helped many clients with their DWI cases, and he may be able to help you. To learn more about DWI in Texas, please call 214-521-4567 today.

One of the first things that a driver who has been charged with DWI is likely to think about is whether they should contact an attorney. A DWI case has the potential to affect your life in many ways, both now and well into the future. Experienced DWI defense attorneys spend a great deal of time defending clients who have been charged with DWI, so they are familiar with every step of the DWI case process. They also spend time keeping themselves current on state and local laws that affect DWI cases, and staying up to date on the latest DWI defense strategies. Every defendant who is facing DWI charges deserves the best possible chance at resolving their DWI case in a manner that accounts for who they are as an individual and what is most important to them. The way to give yourself that opportunity is to retain a Texas DWI defense attorney.

Your Texas DWI defense attorney can help you in a number of ways, from ensuring that all necessary paperwork is filled out properly and file in accordance with the applicable deadlines to explaining the various choices that you may have for resolving your DWI case. They can help you to understand how DWI case evidence works, and explain the potential consequences of a conviction. Your attorney can answer your questions about the aspects of your DWI case that matter most to you.

It is possible that you have been informed that you qualify for the services of a public defender, an attorney who is paid by the State of Texas to provide legal representation for low income clients. If you qualify for public defender services, you may choose to use them or you may choose instead to select and pay for your own attorney. If you do not qualify for public defender services, you can retain a private attorney to represent you in your DWI case. Private attorneys who specialize in handling DWI cases provide the best legal representation for DWI defendants because they provide comprehensive support for all of your needs related to your DWI case.

A DWI case has two separate parts, the criminal case and the administrative license suspension, which is a civil proceeding. Public defenders can represent a client during the criminal portion of their DWI case, but they do not participate in the administrative license suspension hearing process which is the process that deals with the fate of your driving privileges. A private attorney can handle both the administrative license suspension part of your case as well as the criminal proceedings.

A DWI case has two separate parts, the criminal case and the administrative license suspension, which is a civil proceeding. Public defenders can represent a client during the criminal portion of their DWI case, but they do not participate in the administrative license suspension hearing process which is the process that deals with the fate of your driving privileges. A private attorney can handle both the administrative license suspension part of your case as well as the criminal proceedings.

If you have been charged with DWI, you may have a lot of questions and concerns. There is a lot at stake, including your driving privileges and your freedom. Fortunately, you do not have to go through this experience alone. Texas DWI Defense Attorney Jack Pettit, Attorney at Law, has helped many clients with their DWI cases, and he may be able to help you. To learn more about DWI in Texas, please call 214-521-4567 today.

Texas DWI Defense Attorney Reveals Weaknesses of DWI Blood Tests

Monday, March 28th, 2016

 

If you provided a blood sample to law enforcement officers, you may be fearful that the test will give the prosecution all of the proof that they need to convict you of driving while intoxicated. If you have been charged with DWI, A blood test is a form of evidence, and, if you were tested, the prosecution may try to use the test results as part of their case against you. However, there is also the possibility that the prosecution will not try to use the blood test results as part of their case against you. This is good news for DWI defendants, but if you have been charged with DWI, you probably realize that there is simply too much at stake for you to leave your defense up to chance.

A wise approach to your DWI defense could include remaining hopeful that the blood test evidence will not be used in the case against you while simultaneously preparing yourself for the possibility that the test results and other evidence will be presented in court by the prosecution. The best way to do this is by retaining an experienced Texas DWI defense attorney. Blood test results and other types of evidence can sometimes be challenged, and a skilled DWI defense attorney can examine the facts surrounding the collection and processing of your blood test and the other evidence in your case. Your attorney can then determine whether they could challenge the admissibility of any of the evidence or bring some other challenge against your DWI charges.

The following story is one example of a situation in which a defendant’s blood was sampled, yet their DWI charges ended up being dropped. The defendant had been pulled over during a no-refusal weekend. During a no-refusal weekend, a driver who is pulled over and asked to take a Breathalyzer test must submit to a blood test if they refuse to take the Breathalyzer test. This particular defendant refused to take the Breathalyzer test, and a blood sample was subsequently taken. The blood test results did not go before the court, and the charges were dropped.

While it is uncertain exactly why the blood test results were not presented in the case described above, it is possible that the prosecution did not feel confident in the blood test results for some reason. The blood testing system in Texas is not foolproof, and the weaknesses in the system provide possible defenses for some DWI defendants who have had blood samples taken and tested. Some counties do not have a lab that they can send blood samples to for testing due to problems with accuracy and competence at the labs that they had been using previously. Blood samples that are taken in those counties that do not have labs must be tested at the DPS lab in Austin.

Texas DWI Defense Attorney Jack Pettit – Trusted Advocate for DWI Defendants

Dallas area DWI defense attorney Jack Pettit, Attorney at Law, has been a strong advocate for his clients for over thirty years. Call Attorney Jack Pettit today at 214-521-4567, to learn more about how he may be able to help you.

If you provided a blood sample to law enforcement officers, you may be fearful that the test will give the prosecution all of the proof that they need to convict you of driving while intoxicated. If you have been charged with DWI, A blood test is a form of evidence, and, if you were tested, the prosecution may try to use the test results as part of their case against you. However, there is also the possibility that the prosecution will not try to use the blood test results as part of their case against you. This is good news for DWI defendants, but if you have been charged with DWI, you probably realize that there is simply too much at stake for you to leave your defense up to chance.

A wise approach to your DWI defense could include remaining hopeful that the blood test evidence will not be used in the case against you while simultaneously preparing yourself for the possibility that the test results and other evidence will be presented in court by the prosecution. The best way to do this is by retaining an experienced Texas DWI defense attorney. Blood test results and other types of evidence can sometimes be challenged, and a skilled DWI defense attorney can examine the facts surrounding the collection and processing of your blood test and the other evidence in your case. Your attorney can then determine whether they could challenge the admissibility of any of the evidence or bring some other challenge against your DWI charges.]

The following story is one example of a situation in which a defendant’s blood was sampled, yet their DWI charges ended up being dropped. The defendant had been pulled over during a no-refusal weekend. During a no-refusal weekend, a driver who is pulled over and asked to take a Breathalyzer test must submit to a blood test if they refuse to take the Breathalyzer test. This particular defendant refused to take the Breathalyzer test, and a blood sample was subsequently taken. The blood test results did not go before the court, and the charges were dropped.

While it is uncertain exactly why the blood test results were not presented in the case described above, it is possible that the prosecution did not feel confident in the blood test results for some reason. The blood testing system in Texas is not foolproof, and the weaknesses in the system provide possible defenses for some DWI defendants who have had blood samples taken and tested. Some counties do not have a lab that they can send blood samples to for testing due to problems with accuracy and competence at the labs that they had been using previously. Blood samples that are taken in those counties that do not have labs must be tested at the DPS lab in Austin. 

Texas DWI Defense Attorney Jack Pettit – Trusted Advocate for DWI Defendants

Texas DWI Defense Attorney Jack Pettit, Attorney at Law, has been a strong advocate for his clients for over thirty years. Call Attorney Jack Pettit today at 214-521-4567, to learn more about how he may be able to help you.

Texas DWI Defense Attorney Explains No Refusal Days

Tuesday, March 15th, 2016

Much of the time, Texas drivers may refuse to participate in roadside Breathalyzer testing during a traffic stop that has turned into a DWI investigation. Drivers should know that refusing to take the Breathalyzer test at any time will result in license suspension and that license suspension must be addressed immediately if you wish to try to preserve your driving privileges. A driver’s to take the Breathalyzer, on most days, gives the prosecution one less piece of information that they can use to build their case against the driver. However, is essential that Texas drivers understand that there are certain periods of time during which refusing to take a Breathalyzer test will have other consequences besides license suspension, such as automatic arrest and an involuntary blood draw.

Texas has what are called “no refusal” periods during which drivers can be arrested for refusing to take a Breathalyzer test and brought into police custody, where a sample of their blood will be obtained and sent for testing. Holiday weekends are common “no refusal” periods, as are Spring Break and other major events like the SXSW festival. Basically, “no refusal” periods are likely to take place when law enforcement officials predict that there will be a higher number of intoxicated drivers than usual.

Counties have different procedures for taking suspected drunk drivers into custody and obtaining blood samples from them, but it is helpful for drivers to have an idea of what they might expect to happen during a “no refusal” period. The procedure usually begins with a driver’s refusal to take a Breathalyzer test. When that happens, law enforcement officers usually take the driver into custody and bring them to whatever location has been set up as the processing area for DWI suspects. In some counties, hospitals or mobile units serve as processing areas, in other counties, suspects are taken to jail. Since law enforcement officers cannot draw a suspect’s blood without a warrant, there is often a “night judge” on duty and the officers submit their applications for blood draw warrants to the night judge. If the night judge issues a warrant for a blood draw, the sample is then taken from the suspect and sent out for testing.

The best thing that a driver can do during a traffic stop, whether the stop takes place during a “no refusal” period or not, is to remain calm and think carefully before acting or speaking. It is possible, although not always easy, to provide very little information beyond the documentation that is required while remaining respectful.

Any driver could be stopped by the police at any time, and during “no refusal” periods, there are more law enforcement officers patrolling the roads than there are at other times. If you have been arrested for DWI, protect your rights by contacting Texas DWI Defense Attorney Jack Pettit, Attorney at Law, right away. Call 214-521-4567 to find out more about how Attorney Pettit may be able to help you with your Texas DWI case.

 

Texas DWI Defense Attorney Discusses Subsequent DWI Offenses

Tuesday, March 1st, 2016

 

Sometimes, a driver who has been convicted of DWI is arrested and charged with DWI for a second time. Unfortunately, some drivers do not stop drinking and driving after one or two DWI convictions and go on to be arrested for additional DWI offenses. Recently, a man who had been convicted of DWI at least twice before was convicted again. This third conviction beings with it a fifty year sentence, due to it being the driver’s  third offense, in addition to other factors like having a child passenger which allowed for enhanced penalties.

The aforementioned example is an extreme case, a worst case scenario, as far as DWI penalties are concerned. Although it is extreme, the outcome of the case does illustrate how penalties increase with subsequent convictions, as well as how aggravating factors like having a child passenger and other felony convictions can affect the outcome of a DWI case.

In Texas, a conviction for a first offense DWI could result in a fine of up to two thousand dollars and a sentence of three days to one hundred and eighty days. Additionally, your license may be suspended through the administrative license suspension procedure, and you may have to pay a surcharge to get it back after the term of your suspension is completed. Depending upon the circumstances of your case, it is possible that you could even be required to install an ignition interlock device on your vehicle after being convicted of a first offense DWI.

If you are convicted of a second DWI, you could be fined up to four thousand dollars. The sentence for a second offense DWI, on its own, is anywhere from a month to a year. Second offense DWI convictions carry the same license suspension period, surcharge, and possibility of an ignition interlock requirement as first offense DWI convictions do. The penalties keep increasing after that, with a possible fine of up to ten thousand dollars and a sentence of two to ten years in prison for a third DWI conviction.

Aggravating factors added to the defendant’s penalties in the aforementioned example. DWI cases involving automobile accidents where serious bodily injury or death occur, DWI cases involving child passengers, and other factors could add additional fines and jail time if you are convicted. Since each DWI arrest takes place under a unique set of circumstances, the exact combination of fines, penalties, and other consequences can vary quite a bit from one case to the next.

Texas DWI defense attorney Jack Pettit, Attorney at Law, has helped his DWI clients work through their DWI cases, and it is possible that he may be able to help you with your DWI case, too. Whether this is your first DWI or a subsequent offense, with or without aggravating factors, you deserve the support and expertise of an experienced Texas DWI defense attorney. Please call our office at 214-521-4567 today, to learn more about how we can help you.

Sometimes, a driver who has been convicted of DWI is arrested and charged with DWI for a second time. Unfortunately, some drivers do not stop drinking and driving after one or two DWI convictions and go on to be arrested for additional DWI offenses. Recently, a man who had been convicted of DWI at least twice before was convicted again. This third conviction beings with it a fifty year sentence, due to it being the driver’s  third offense, in addition to other factors like having a child passenger which allowed for enhanced penalties.

The aforementioned example is an extreme case, a worst case scenario, as far as DWI penalties are concerned. Although it is extreme, the outcome of the case does illustrate how penalties increase with subsequent convictions, as well as how aggravating factors like having a child passenger and other felony convictions can affect the outcome of a DWI case.

In Texas, a conviction for a first offense DWI could result in a fine of up to two thousand dollars and a sentence of three days to one hundred and eighty days. Additionally, your license may be suspended through the administrative license suspension procedure, and you may have to pay a surcharge to get it back after the term of your suspension is completed. Depending upon the circumstances of your case, it is possible that you could even be required to install an ignition interlock device on your vehicle after being convicted of a first offense DWI.

If you are convicted of a second DWI, you could be fined up to four thousand dollars. The sentence for a second offense DWI, on its own, is anywhere from a month to a year. Second offense DWI convictions carry the same license suspension period, surcharge, and possibility of an ignition interlock requirement as first offense DWI convictions do. The penalties keep increasing after that, with a possible fine of up to ten thousand dollars and a sentence of two to ten years in prison for a third DWI conviction.

Aggravating factors added to the defendant’s penalties in the aforementioned example. DWI cases involving automobile accidents where serious bodily injury or death occur, DWI cases involving child passengers, and other factors could add additional fines and jail time if you are convicted. Since each DWI arrest takes place under a unique set of circumstances, the exact combination of fines, penalties, and other consequences can vary quite a bit from one case to the next.

Texas DWI Defense Attorney Jack Pettit, Attorney at Law, has helped his DWI clients work through their DWI cases, and it is possible that he may be able to help you with your DWI case, too. Whether this is your first DWI or a subsequent offense, with or without aggravating factors, you deserve the support and expertise of an experienced Texas DWI defense attorney. Please call our office at 214-521-4567 today, to learn more about how we can help you.