18 March

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Forgive Yourself

Name: The Coffey Firm
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Posted by Mimi Coffey

in Helpful Legal Information

The STRENGTH of George Washington

“Hard times don’t create heroes. It is during the hard times when the “hero” within us is revealed.” Bob Riley

The Father of our Country, George Washington, is revered for his leadership, stoicism, and wisdom. It is inspiring to focus on his strength in times of trouble. Before the battle of Trenton in 1776, Washington experienced a seemingly insurmountable low. In just three months, the British captured 4,500 American soldiers. The British also confiscated 3,000 muskets, 250 cannons, and 17,000 cannonballs. There were three main armies which suffered staggering attrition. More than three quarters of his soldiers in the main army perished, deserted or suffered injuries. To compound all these struggles, Washington’s right hand man and personal secretary, Adjutant General Joseph Reed, was plotting behind Washington’s back to overthrow him. George discovered this by opening correspondence between Reed and Major General Charles Lee.

Mimi Coffey DWI Lawyer, Caring DWI Lawyer

Imagine fighting a war where your soldiers were dying, deserting, and quitting left and right. Think of your right hand man reporting to you but secretly jockeying to have you fired all along. Imagine battling without proper equipment because the enemy has managed to steal your guns and ammo. Despite all this, George Washington remained strong. One of Washington’s famous quotes is “Real men despise battle but will never run from it.” He believed and practiced standing your ground. He also did not believe in excuses, tough it out. George Washington remarked “It is better to offer no excuse than a bad one.” He stood firm and tried. He did not always win. He lost many battles but he never gave up. In the end, his strength endured.

Mimi Coffey DWI Lawyer, Texas DWI, Caring DWI Lawyer

It is helpful to focus on strong leaders who prove that strength is in persistence. Strength, like muscle conditioning, gets stronger through routine and practice. We all face times in our lives that test our strength and resolve. This particularly happens when we make mistakes. George Washington, too, made mistakes. Some say that Washington was no military strategist. He lost a lot. What Washington excelled at was never giving up, keeping hope and faith alive, and maintaining the course. He kept the struggling, colonial army and militia together. He inspired them to fight another day. We must all remind ourselves of Washington’s strength, give ourselves forgiveness, patience and understanding and remember as Leon Brown said, “You cannot travel back in time to fix your mistakes, but you can learn from them and forgive yourself for not knowing better.”

We all make mistakes. Imagine had Washington lived in today’s times and received a DWI. Based on his strength of character and mantra of no excuses, it is safe to say he would have forgiven himself. No one is perfect. Don’t run from your mistakes, learn from them. As for the DWI and criminal defense legal issues, that is a whole different story. We, at the Coffey Firm, can help you with this. A DWI conviction is based on what the State can prove. Move forward in your personal life and know we are here for you.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

05 September

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The New Fake Deferred Adjudication DWI Law

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas DWI, Texas DWI Deferred Adjudication

The New Fake Deferred Adjudication DWI Law

Warning

Don’t let The New Fake Deferred Adjudication DWI Law bill fool you. The uninformed may choose to get a fake dismissal not knowing it is fake. Mimi will analyze your DWI case during a full case evaluation and review all options to determine the best course of action.

What is it?

Before Sept. 1, 2019 there was no such thing as deferred adjudication for any type of DWI offense. Cases ended either in a DWI conviction, dismissal or reduction to a lesser charge (typically an “obstruction of a highway”).

Deferred Adjudication

A true deferred adjudication occurs when a defendant pleads guilty (or no contest, if allowed) to a charge. After successfully completing probation, the court dismisses the case. In other words, the State cannot use the case against you. True deferred adjudication is a second chance type of punishment. True deferred adjudication represents the carrot and stick approach. If one finished the conditions of probation (as if convicted for the offense), the reward is a true dismissal.

The Deferred Adjudication DWI law is Texas Code of Criminal Procedure 42A.102, which says (in simple language):

The judge may grant deferred adjudication unless:
- the defendant is charged with . . .
  - A DWI or BWI, and, at the time of the offense
    - the defendant held a CDL; or
    - the defendant had BAC of .15 or more
  - for a DWI which may be enhanced (i.e., a DWI #2 or higher even if negotiated down to a Class B)
  - A DWI with a child passenger, FWI (Flying while Intoxicated), Assembling an Amusement Park Ride while Intoxicated, or Intoxication Assault/Manslaughter

In other words, the DWI has to be a true 1st time offense (Class B Misdemeanor) and you must not be a CDL holder. Do not confuse this with eligibility for nondisclosure, though. If, at the time of offense, you had a BAC of .15 or more, you are ineligible for a nondisclosure even if you receive a lower charge. This is because nondisclosure eligibility is based on whether your case is punishable as a Class A or higher charge, not the actual punishment given.

Will I receive a true dismissal after DWI deferred adjudication?

The plain and simple answer is NO. The case still exists. Prosecutors may use it in the future in the same way as a regular conviction. In the old days, true deferred adjudications were unable for use against a person. But, the law changed. The DWI deferred adjudication is exactly like the family violence deferred adjudication in that it counts as a conviction for enhancement purposes.

How others use the deferred adjudications against you

Nowadays, apartment complexes, employers and licensing agencies use successful deferred adjudications against a person in the same manner as convictions. For example, applications ask for both convictions and deferred adjudications. Licensing agencies are even barring people from certain vocational licenses due to deferred adjudication. For example, a dental hygienist trying to renew their license must report any conviction or deferred adjudication as part of the renewal process. In other words, a dental hygienist might lose their career despite deferred adjudication meaning there is no actual finding of guilt. This might also mean that a mechanic or shop owner can’t even have a license to inspect cars if on DWI deferred adjudication (barred for 10 years as mentioned in the statute below).

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage? sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=23&rl=5

“(g) For purposes of this section, a [conviction occurs] when [the court enters an] adjudication of guilt or an order of deferred adjudication for the offense . . . against the person by a court of competent jurisdiction.”

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges. We can also help you try to seal your record or avoid probation revocation.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

24 June

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Three Ways A DWI Can Negatively Affect You

Posted by Mimi Coffey

in Helpful Legal Information

One of my favorite lines is “I don’t trust anyone who has not had a DWI”. Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, “People who need people, are the luckiest people in the world” is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with:

Foreign Exchange Student Sponsorship

First, you can’t host a foreign exchange student for 5 years from the conviction. Yes, shocker. Several years ago, my third son asked that we host a German exchange student at our high school because his host family was not working out. Without even thinking, I said “Sure.” Yet, when they found out my husband had a DWI conviction they rejected us. Our German son was already living with us and was very happy. It took a Judge writing to the State Department to overturn their decision.

It was a very scary moment in our lives that made no sense. Here we had a loving family providing a warm, happy home to a young, German future leader (all foreign exchange students build bridges of cultural diplomacy with positive ramifications between countries for years to come), and yet for no good reason the federal government was trying to use my husband’s DWI as an excuse to bar us from hosting. My husband’s DWI involved no children in the car, no breath or blood level (but a confession), no accident (he turned against a “no turn” sign), no prior criminal history and yet the State Department thought he was not fit to host a child?

Possible Deportation upon DWI Conviction

Next, if you have a green card (“Permanent Resident”) and receive a DWI conviction, finalizing the process and becoming a citizen is difficult. I am not an immigration lawyer (if you are in this situation, you should also consult with an immigration attorney), but recently INS has been delaying the process for some permanent residents to become citizens for five years. This of course, can always change.

For those who do not have any legal status, expect deportation immediately upon a jail or probation sentence. In the larger counties that I practice in, the police are calling INS for immediate deportation once booked for DWI. Texas Senator John Cornyn has already introduced legislation for deportation upon a first DWI conviction, which did not pass. However, federal policies on DWI and deportation are constantly changing and becoming more strenuous. What can be done in each situation is unique according to the jurisdiction and people involved (prosecutors and judges vary on their approaches).

Concealed Carry License

Mimi Coffey DWI Lawyer, UCW

Finally, if you have a DWI conviction, you will lose your concealed handgun carry license in Texas. This occurs even if you did not have a handgun in your possession on the DWI. If you receive a DWI and possess a gun in the vehicle, you will receive a second misdemeanor charge of Unlawfully Carrying a Weapon. The current law bars your ability from obtaining a concealed carry permit for 5 years with a DWI conviction.

Other Effects of a DWI

In addition, there are far too many negative consequences that accompany a DWI conviction to list. Therefore, the Texas DWI repercussions should be carefully considered before a case is finalized. These additional consequences include Texas DPS surcharges, increased insurance rates, banned travel to Canada, divorce, alienation from family, friends and sometimes community.

Perhaps the biggest problem for many working-class clients is the potential lifetime loss of a Commercial Driver’s License (CDL). The depression, shock, and anxiety are intense and can become clinical and the risk of suicide is real. If you are suffering from these symptoms please, please make sure to seek professional help. I am also here to help you. I want to know if you are suffering. This is very important to me so that I can help you. One day, this DWI will be a blip in your rear-view mirror that eventually goes out of sight. Right after it happens, it is the giant object on every rear view and side view mirror as you navigate through life. You are not alone. Be strong, all of us make mistakes.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.