d.w.i. Texas ( no Breathalyzer or blood test) what should I do?

Ok I need some help, I am currently living in California , I have a child on the way and am looking at going back into the military. When I got my D.W.I. I had a sobrity test that I didnt pass and I also have a Cataract in my left eye. I'm kool on video until they taze me 4 times while in back of the cop car handcuffed then I start tripping out.

My charges 3 res arrest / D.W.I.

I have a Court App Attorney threw the state , her plea .

600.00 fine

2 yr probation

alc classes

susp lic 6 mon

sr22

driving classes

Should I take this plea?

I want informal probation , also I want her to lower my dwi to a dui?

What should I do???

Update:

I also would like to know how to transfer my case if i can. And transfer my probation

8 Answers

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  • 1 decade ago
    Best Answer

    You don't say what kind of sobriety test you were given. If it was roadside "field sobriety tests," such as walking a straight line, turning and walking back, standing on one leg, etc., you would want to look at the videotape before deciding. If you did well, you might want to fight it. If not, take the deal, although it appears to be only for the DWI (which is the same as DUI). There should be a separate plea offer for the resisting arrest charges.

    The resisting and being tazered could hurt your bargaining power a lot, but the plea offer you described is a pretty standard one in Texas for a misdemeanor dwi. It is not, by the way, the defense attorney's offer. It's what the prosecutor told the defense attorney that the state is offering.

    And, she does not work for the state. She works for you, but the state has to pay her if you can't afford to, because the Constitution gives you the right to have a lawyer if you are at risk of going to jail.

    Transferring the case is not possible, if I understand the question. Transferring the probation within the state is easy, unless you have a bad record; transferring the probation from one state to another can be difficult, but might be possible. It depends on multiple factors.

    BTW, if you get a dwi with a child in the car, it's now a felony (as of about 2 years ago).

  • 1 decade ago

    Don't do it. Get a real lawyer (not the ones working for the same agency the prosecutor is working for) and fight, fight, fight.

    Furthermore, depending on the situation leading up to the tazing, sue the cops' @$$es off and don't settle on that case, either. If there's some doubt, you might only get one cheek, but that's a multi-million dollar cheek.

    Fight, fight, fight!!!!

  • seay
    Lv 4
    3 years ago

    In Texas law enforcement officers can destroy out with lots worse stuff than that. In Amarillo they are in a position to destroy out with on-the-spot physique-hollow area searches in the event that they capture somebody walking abode from their food market after darkish, and on my own. they are in a position to additionally destroy out with beating gay adult adult males without repercussions. an identical is going for followers of technological expertise fiction action pictures and tv shows. i think of Texas law enforcement officers, or a minimum of Amarillo law enforcement officers tend to be brash, and behave like bullies. As to the unique question, if there is an option to merchandise to this form of element while one applies for a drivers license why have I in no way heard of it ? This looks like an identical form of regulation because of the fact the "seat belt regulation" - the place a mom could nicely be fined $500 because of the fact her baby isn't donning a seat-belt and yet it takes pronounced mom 20 minutes to unbuckle the seat-belt and get the youngster out of the vehicle interior the convenience of her very own driveway. What could ensue if she had to accomplish an identical ergonomic acrobatics interior the aftermath of an coincidence ?

  • 1 decade ago

    Take it and do not do it again. and DUI and DWI are the same thing

    Or Get you own Attorney and pay him, you will have a better out come. I think!

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  • Anonymous
    1 decade ago

    you've contradicted yourself, you say no breath or blood test

    but yet you say you've failed test, then the fact they tazed you makes me wonder, and a cateract would keep you out of the military last I checked, unless there getting that hard up! yikes!! sounds as if there being kinda nice to you if you ask me,

  • Anonymous
    1 decade ago

    Tell your attorney what you want, stick to it, and throw yourself on the mercy of a Texas court.

    Good luck with that.

    Source(s): First-hand witness to Texas justice
  • 1 decade ago

    I would fight it, your attorney will want you to plea bargain. you have to do it yourself so better start doing your homework. you can get it dismissed. alot of research but its worth it.

  • 5 years ago

    Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com

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