20 August

Sticky

Pretrial Torture: “I Feel Like I’m Already on Probation!”

Name: The Coffey Firm
Price range: $$$

Posted by Mimi Coffey

in Helpful Legal Information

WARNING BOND VIOLATIONS CAN HURT A CASE. WE DO THE BEST WE CAN TO ADDRESS ANY VIOLATIONS.

According to the United States and Texas Constitutions, the law presumes a person innocent until proven guilty. That presumption applies at every stage of a case, even at the arrest stage! In many cases, the worst part of a Texas DWI charge is the “pretrial torture” of oppressive bond conditions. Bond conditions in Texas criminal cases can include license suspensions, interlock ignition device requirements, ankle monitors, and other conditions. Some counties (especially Johnson and Parker County) will put people through hell before their case is even addressed, sometimes even before the District Attorneys file the case!

This pretrial torture can exhaust a person’s financial resources or even cost them a job. Mimi knows that this pretrial torture can be both a physical and financial drain. This is one of the things Mimi will discuss with client during a full case evaluation. Mimi wants to know you and everything you have experienced so she can humanize you to the DAs and the court.

The pretrial torture costs can vary widely, and don’t even include a person’s normal expenses unrelated to the charge, such as rent and car payments. Even at the minimum, a person may need to spend almost $2000 just to get out of jail! If the person has an ALR suspension before their criminal case begins, that person may also be out of a job!

Here are some ways the system can torture a person:

An interlock can cost between $65-$95 per month for calibration, which doesn’t include the $70-$150 installation fee. Sometimes an interlock will be a requirement before the court will set a bond. In addition, there is no “time served” for an interlock that is required as a bond condition. This means that many months of compliance with an interlock bond conditions has no impact on probation.
SR22 insurance, which is vehicle liability insurance required for drivers with an interlock, can cost an average of almost $1000 for a year.
A commercial truck driver may lose their CDL for at least a year, which can cost them a job most of the time.
Having to pay for a bond to get out of jail. Sometimes, depending on the charge, the judge may not even set a bond, keeping a person in jail almost indefinitely! The average bond for a first-time DWI is between $200 and $1000, but the judge can set it to whatever (reasonable) amount they want based on the circumstances.
A reinstatement fee of $135 to reinstate one’s license after an ALR suspension.
If one uses a bondsman, they may require check-in meetings and random urinalyses (UAs). These don’t always cost money, but it means time the person is not working.
Impound fees (about $300) if the person needs to recover their car. The fees might be higher if they also need to pay for repairs from an accident.
If applying for an Occupational Driver’s License (ODL) for an ALR suspension, there is a filing fee (normally about $285) to send the petition to the court.
Every criminal defendant has the right to an appointed attorney if they cannot afford one, but that right is limited by sometimes hard-to-meet “indigence” rules. The Coffey Firm knows that money isn’t always easy and will work with you to set up a payment plan. This is especially true while everyone’s finances recover after the Covid-19 shutdowns.

Some Pretrial Torture Examples

Here are some horror stories from our experience representing clients:

A person arrested for DWI in August 2019 had to install an interlock on his car as a pretrial condition. As of one year later, August 2020, the state has not yet filed a case against this person, but the court has not removed interlock as a pretrial condition. This means he has paid at least $850 before he has even had a single court date!

A commercial truck driver arrested for DWI in October 2019 (in his own car) had an ALR suspension starting in March 2020. A license suspension, whether ALR or criminal, also revokes a person’s CDL for a year (for a first-time offense). When suspended, a driver must downgrade to renew his license. A “downgrade” means that DPS forces him to go through the entire process of re-applying for a CDL, including the driving test. These tests can have a large financial cost, including renting a commercial truck. On top of some of the above costs, this person has extra cost due to the pretrial torture by Texas DPS.

Client has both interlock and a portable breathalyzer unit as a requirement. Judge refuses to lift either restriction. So, client is paying double the monthly fee to calibrate both the interlock and portable unit.

More Pretrial Torture Examples

Dallas County client has a restriction requiring him to have both interlock and SCRAM (ankle monitor). Both are very expensive to calibrate and maintain. In addition, SCRAM units are notorious for being sensitive and recording even the most minor of violations.

Denton County requires interlock for all BAC .15 or above DWIs, even if the margin of error puts a person’s blood below .15.

Parker County client arrested October 2019 and lives in Houston. Pretrial services requires her to physically check-in once a week. Client has to pay ~$300 per week to have someone drive her from Houston to Weatherford. Pretrial services also violated her for missing one check-in when client took her mother to the hospital because they would not “bend the rules” for her. All of this happened before the DAs even filed her case in April 2020!

Pretrial services for each county

Tarrant County Community Supervision

Parker County Community Supervision

Johnson County Adult Probation

Dallas County Pretrial Services

Denton County Pretrial Services

Collin County Community Supervision

Hood County Community Supervision

Grayson County Community Supervision

Ellis County Adult Probation

Mimi is 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, DWI Lawyer in Johnson 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.

29 May

0 Comments

Sticky

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 TO AN DWI INTERLOCK REQUIREMENT

Even if the court requires you to install an interlock and ONLY drive vehicles with an interlock installed, there is one important employment-based exception.

If you need to drive for work (e.g., a car dealership), then you may be able to drive without an interlock. This exception applies for any interlock restriction (condition of suspension or DWI probation, for example). For this exception to apply:

The employer must own the vehicle,
Must have notification of the interlock restriction, and
The notification must be with the vehicle.

This exception does not apply if you own or control the business that owns the vehicle. In other words, you cannot claim this exception if you are self-employed.

DWI Interlock and ALR Suspensions

After a an administrative license suspension (resulting from an ALR), the court may require proof that you install an interlock on your vehicle before they will grant a petition for an Occupational Driver’s License (ODL). Courts tend to require an interlock for a civil license suspension when you have a driving history involving multiple DWIs. When petitioning for an ODL, our DWI Attorneys make sure to discuss the possibility of an interlock requirement.

Interlock and Criminal Cases

In most situations, a first-time DWI offender does not have to worry too much about an interlock requirement before their case ends (except possibly as a condition of bond). If you are a first-time DWI offender and the court places you on DWI probation, the court will likely (but not always) order you to install an interlock on your vehicle. The likelihood of the court ordering installation of an interlock increases if the DWI involved an accident. The primary situation, for first-time offenders, where the court must require an interlock is if your BAC is at .15 or above.

With one exception, court must require you to install an interlock if you have a previous DWI conviction. There is an exception if the previous conviction is over 10 years old.

If the court places you on deferred adjudication for your DWI, the court must require you to install an interlock. This is the case UNLESS, based on a substance abuse evaluation, the court determines that the safety of the community doesn’t require an interlock.

Finally, if you are under 21 at the time of the DWI, the court must require an interlock.

General Rules

The interlock must be installed in the vehicle owned by or most regularly driven by you.
You may not drive ANY vehicle that does not have an interlock installed.
You are responsible for the cost of installation and calibration.
- If the court finds you indigent, they may allow for reasonable payment plans.

Length of DWI Interlock Requirement

The length of an interlock requirement varies depending on why the court requires an interlock.

If interlock is a condition of a DWI license suspension, then the interlock MUST remain installed for the ENTIRE suspension.

If interlock is a condition of probation, then the interlock MUST remain installed for at least 50% of your probation. Please note that this also affects the waiting period to seal your record.

If this is the second DWI then interlock MUST remain installed for the whole probation period and possibly longer. This is dependent on when the first DWI occurred.

The applicable statues are Tex. Code Crim. Pro § 42A.408 and Tex. Transp. Code § 521.246.

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, Dallas DWI attorney, 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.