Legal Question in DUI Law in Texas

chrg'd for dwi in parking lot after backing into cab

Was in the parking lot of a bar-backing out of the prkg spot & bummed into rear of a cab-very minimum damage to cab (none to mine)(paintless repair). Offered cab driver out of pocket not to file on ins (only 1 accident on record in 7 yrs). Driver calls cops. I'm outside my car when they arrive. No not blow, but do field sobriety test. Said I failed-cuffed me. Parking lot is a stand alone (not in strip ctr area). Cops didn't know if they would book me on DWI or PI. Ended up DWI. Want to know what the books say about parking lots and issuing DWIs. Cops did not see accident and I was outside SUV when they arrived. This, if anything, should have been a PI citation. Had been in bar of 5 hrs had 2 beers & 2 shots and ate while I was there. Had drinks with co-workers - 1 not drinking who will testify of my condition. Any info you can give me would be helpful. Let me know if you need additional info. Thanks


Asked on 5/13/04, 5:07 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: chrg'd for dwi in parking lot after backing into cab

Parking lots, generally can be considered public property, because "a substantial amount of the public have access." However, that can be fought depending on the parking lot in this case. Additionally, there are numerous other questions about your case that need to be answered. You need to talk with an attorney that handles DWI cases extensively. Do not wait too long, because you only have 15 days after your arrest in which you can request a hearing to save your driver's license from being suspended.

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Answered on 5/13/04, 5:59 pm


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