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07 August
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Texas DWI & DUI: What’s The Difference?

Posted by Mimi Coffey
in Helpful Legal Information

Many people tend to use the terms DUI and DWI interchangeably. However, in Texas, the two can be quite different in practice. Texas DUI vs. Texas DWI DUI is the term usually used when the arrest involves a minor (someone below 21 years old). Meanwhile, DWI is the term used for the more severe charge. Here's the kicker, though: The police can still charge a minor with a full-on Texas DWI. The Texas Alcoholic Beverage Code contains the statutes regarding DUI by a minor. Section 106.041 of that Code states: (a) a minor commits an offense if the minor operates a motor vehicle in...

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29 July
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Know Your Rights: “What About My Miranda Rights?”

Posted by Mimi Coffey
in Helpful Legal Information

The police did not read my rights at the scene! Can they dismiss the case?! The answer is a confusing "yes and no". The Miranda warnings are somewhat popular due to inclusion in many television police dramas. What many may not know is that there is no specific language for the warnings. However, the warnings must, using whatever language convey 4 basic warnings: The right to remain silent; That anything the person says may be used against them; (Note that it "may", not "will" be. The rules of evidence prevent some statements from admission.) The right to an attorney before and...

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27 July
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Texas DWI Deportation Warning

Posted by Mimi Coffey
in Helpful Legal Information

No more "three strikes" law for deportation Almost everyone knows one of the basic rules of baseball is "Three strikes, you're out"! For the longest time, Texas DWI deportation (and some other areas of the law) operated on the same premise. A person is not subject to deportation until their third "strike" (meaning their first felony DWI). Unknown to most of us, this has started changing in the shadows. Immigration has now started to deport people for a second DWI conviction instead of waiting for a third. There does not seem to be any clear rhyme or reason to this change....

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21 July
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Texas Firearm License to Carry WARNING

Posted by Mimi Coffey
in Helpful Legal Information

THIS IS AN IMPORTANT WARNING for those who currently have a license to carry a handgun!! Many Texans need a license to carry so they can have some form of personal protection. This is especially true for those who need to travel extensively for work and want to prepare for unexpected situations. However, the law allows Texas DPS to take away (revoke) or suspend a license to carry in certain circumstances. Many LTC holders understand that a criminal conviction is one of those situations and will reluctantly agree to the suspension. There is one major problem. Texas DPS can suspend your License...

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12 June
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Texas Family Violence Charges: Enhancement for Family Violence

Posted by Mimi Coffey
in Helpful Legal Information

[vc_row triangle_shape="no"][vc_column][vc_column_text] Some people get their family violence charge reduced to a class C assault ticket. While the reduction probably felt good at the time, WATCH OUT! Even if the court orders deferred adjudication for the ticket, THEY CAN STILL USE IT TO ENHANCE A FUTURE CHARGE. Similar to the Fake DWI Deferred Adjudication, even placement on deferred adjudication for an assault counts as a “conviction” under the law.  That is why it important to know all your options before deciding what you want to do with your case.  While a plea may seem like a quicker and easier route, trial may be...

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11 June
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Texas Expunctions & “Criminal Episodes”

Posted by Mimi Coffey
in Helpful Legal Information

Expunction Getting an expunction in Texas is a way for people to legally eliminate information about their criminal records, including arrests. Obtaining an Expunction can be difficult. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, you may be ineligible on a charge depending on the circumstances surrounding your arrest. If you are looking for an "expunction lawyer near me", contact our office. We will discuss your eligibility for an expunction. Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states, in essence, that...

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04 June
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The Importance of Your DWI Video

Posted by Mimi Coffey
in Helpful Legal Information

Many people arrested for DWI are not aware they they have the right to request video footage of their arrest. Before September 1, 2015, DWI arrestees did not have that right. That changed with the 84th Texas Legislative Session when Charlie Geren (the representative for District 99 (Fort Worth)) introduced House Bill 3791 (HB3791) on March 13, 2015. The bill passed the Texas House on May 5, 2015, and passed the Texas Senate on May 27, 2015. Governor Abbott signed it into law on June 19, 2015. What you may not know is that Mimi was the criminal defense lawyer...

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02 June
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Texas Unlawful Possession of a Firearm & Unlawful Carrying Weapon (UCW)

Posted by Mimi Coffey
in Helpful Legal Information

Unlawful Carrying Weapon and DWI sometimes go hand-in-hand. Mimi is used to seeing UCW charges added onto DWIs. She is also familiar with fighting agains Unlawful Possession of a Firearm charges. Mimi is well-known as one of the most knowledgeable criminal lawyers on the subject of DWI. This is because she is board-certified in DWI by the NCDD. If you are looking for a "criminal lawyer near me", know that she handles most all of North Texas. What is Unlawful Possession of a Firearm? Unlawful Possession of Firearms occurs when a person possesses a firearm a certain amount of time after a...

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29 May
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DWI Interlock Devices and Exceptions

Posted by Mimi Coffey
in Helpful Legal Information

Hate having an interlock? Want to get it off? Courts may, and sometimes must, require you to install an interlock in your car. This device, in simple terms, is a breathalyzer that you must use to start you car. Some interlocks will also take a picture when you blow into it to make sure it is you (or a technician). If someone else blows for you, you may be at risk for DWI probation revocation or DWI bond revocation. This post aims to explain when courts may order you to install an interlock, and some of the exceptions to the rule. EXCEPTIONS...

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21 May
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Defending Asleep-at-the-Wheel Cases

Posted by Mimi Coffey
in Helpful Legal Information

Defending Asleep-at-the-Wheel Cases By Mimi Coffey Ethanol is a central nervous system depressant. As one ingests more, the body is subject to more central nervous system depressant effects up to and including death. One of the well-known side effects of the ingestion of alcohol is sleepiness. However, an issue in a DWI case is the ability to scientifically distinguish between sleep deprivation and intoxication. Sleep deprivation brings about changes in physical and cognitive behaviors which are very similar to alcohol impairment including disorientation, slurred speech, and the inability to control the body and perform simple tasks.[1] Although they are frequently used interchangeably,...

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