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DWI Truths That Will Blow Your Mind

Texas DPS DWI Truths An important DWI Truth: despite what you may think, the Texas Department of Public Safety is not related to the criminal case for your DWI. Texas DPS only handles the driver's license suspensions. Unfortunately, Texas DPS is also responsible for commercial driver's licenses. The main problem is that Texas DPS has specific rules regarding suspensions for both regular and commercial licenses. Some of the crazier rules are: Texas DPS can suspend your CDL for either a refusal or failure for one year (on a first-time DWI), even if you were not driving a commercial vehicle when you...

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Enhancement for Family Violence

Did you have your family violence charge reduced to a class C assault ticket? While the reduction probably felt good at the time, DO NOT BE TRICKED! 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. Family Violence Enhancement Normally, a family violence charge is only a Class A Misdemeanor. That can be "enhanced" to a third-degree felony if you have a prior family violence "conviction" on your record. Section...

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Expunction & “Criminal Episodes”

[caption id="attachment_3685" align="alignright" width="300"] An expunction can be valuable in clearing your record[/caption] Expunctions Expunctions are already extremely rare and difficult to obtain. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, even if you are eligible on one charge, you may be ineligible on another depending on your arrest. Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states, in essence, that a court may not grant an expunction of one charge if the person is still subject to prosecution (or was convicted for)...

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How to Get Your Texas DWI Video

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 a leading force among...

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Unlawful Possession of a Firearm & Unlawful Carrying Weapon (UCW)

Mimi handles a wide range of cases, including Unlawful Possession of a Firearm and Unlawful Carry charges. Unlawful Carrying Weapon and DWI sometimes go hand-in-hand. If you have a UCW charge, alone or alongside another charge, contact us to schedule a consultation. What is Unlawful Possession of a Firearm? Unlawful Possession of a Firearm occurs when a person possesses a firearm a certain amount of time after a conviction. Texas Penal Code § 46.04 defines the offense of Unlawful Possession of a Firearm: (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: after conviction and...

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Interlock Devices and Exceptions

Hate your interlock? Want to get it off? Courts may, and sometimes must, order you to install a device in your car called an ignition interlock. This device, in simple terms, is a breathalyzer that you must use to start your car. Some interlocks will also take a picture when someone blows 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...

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Defending Asleep-at-the-Wheel Cases

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, the 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...

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Family Violence: What Are My Options?

Are you kidding me? She called the police because she was mad. Now the police arrested me for Family Violence. What now? (to simplify, I use "she" as an example, but this applies to “he” all the same) It is a mistake to call the police to settle a relationship dispute. Call the police when you encounter a real issue such as burglary or assault. DO NOT CALL THE POLICE BECAUSE YOU ARE MAD AND WANT THE POLICE TO INTERVENE. If there is an allegation of assault, the chances of jail time are very high, regardless of the merits of the allegation. ...

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Questions About Texas DWI and DWI related Probation Revocations

Oh no! I Screwed Up My Texas DWI Probation! What Can I Do? I failed my interlock device. Am I going to jail? What will happen to me on Texas DWI probation if I test positive for alcohol on my drug test? (Assuming no alcohol is a condition of probation) How long does it take after you have a drink to pass a drug test for alcohol? These are all very common questions for someone who is on Texas DWI probation.  Chances are if you are reading this, you may be facing a DWI probation revocation.  Please call us immediately so that we...

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Common Driver’s License Questions When You Get a DWI

Here are some common driver's license questions The Coffey Firm has heard from it clients: I got a DWI! Is my license already suspended?! Luckily, the answer is ‘NO.’ After a DWI arrest you have 15 days to request an ALR (Administrative License Revocation) hearing. The Coffey Firm will take care of sending the request for you. If you performed a breath test or refused to give breath/blood, then the 15 days starts from your arrest. If you consented to a blood test, then the police should return your license to you while the results are pending. Once DPS...

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