Charged with a DWI offense? Let us help you fight your DWI charge! DWI penalties in Texas can be harsh, and the fines devastating. Prosecutors are extensively trained to handle DWI charges and they are often times very difficult to get dismissed or reduced because of the amount of time and energy spent prosecuting DWI cases. It’s why it’s important to have the right DWI lawyer representing you. The right DWI lawyer can identify issues in your case, present them to the State, Court, or Jury and see if they can get your case dropped or reduced. Partner Lindsay Truly was able to do just that this week, where she was able to get two DWI cases dismissed for two different clients!
DWI case #1 Dismissed: Lack of Probable Cause for the Stop
Our client was charged with a second DWI (DWI Misdemeanor Repetition), a Class A Misdemeanor. We were able to get their DWI dismissed because of a lack of probable cause for the stop. Even if you were intoxicated operating a vehicle, the State still has to have a valid, legal reason to pull you over. If they do not, then the case can get thrown out in Court. That’s exactly what happened in this case. Ultimately, the State did not have a legal reason to stop our client, making the rest of the contact and arrest illegal (“fruit of the poisonous tree”). After presenting our arguments to the prosecutor, the State agreed to dismiss the case. The case will be eligible for an expunction for the waiting period.
DWI case #2 Dismissed: Unable to Prove Intoxication BRD
Our client was charged with a DWI, a Class B Misdemeanor. We were able to get their DWI dismissed because the State was not going to be able to prove intoxication beyond a reasonable doubt due to the breath test score. Even if you drank some alcohol prior to operating a vehicle, the State still has to prove that you operating the motor vehicle while intoxicated. If they do not, then the case can get thrown out in Court. That’s exactly what happened in this case. Ultimately, the State was not going to be able to prove intoxication beyond a reasonable doubt. After presenting our arguments to the prosecutor, the State agreed to dismiss the case. The case will be eligible for an expunction after the waiting period.
If you’re facing a DWI charge in Tarrant County, Texas, contact Hoeller & McLaughlin PLLC today to speak to a Fort Worth or Colleyville DWI Lawyer. We can help fight your DWI charge – 817-334-7900.
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