Legal Question in Criminal Law in Texas

In 2010 I was given a dwi but I was not driving I had a sober driver who was there to pick me up. I was I front of a bar and I was asked to leave and before I knew it cops came driving in the parking lot amd went straight to me and detained me .there was no police call or 911,plus no complaint was made by establishment and no reason why I was singled out. So I went to court and Jude did not suspend my license due to no reason Why I should have been detained..now I am still going to court for it and trying to supress the blood and video since no reason why I was singled out


Asked on 1/05/12, 11:32 am

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I'm not really sure from your question exactly what happened here, but one possibility comes to mind. You don't actually have to be driving a vehicle to be arrested for a DWI in Texas. If the State can prove you were "operating" a vehicle, they can also technically make their case that way. Operating a vehicle would include sitting in the car in the parking lot if you were behind the wheel with the engine running, which I'm guessing may be what you're talking about. That said, if that's really all that happened, and you don't have any prior history, the prosecutor may be more willing to dismiss or reduce the charge than if you'd actually been driving--you need to go ahead and hire an attorney who can try to present your case in the best light and either negotiate a favorable deal for you or take the case to trial.

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Answered on 1/05/12, 1:18 pm


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