DWI 2nd offense
I was parked on the side of a road and about to drive off when a cop pulled me over I refused the breathalyzer and he took me to jail for a DWI. Is there any way I can get this dismissed or a reduced charge?
Asked on 3/13/06, 12:54 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
Re: DWI 2nd offense
Maybe -- probably not. Texas law defines driving as operating a vehicle. Assuming you were in the driver's seat, alone, and the car was running, the DA can probably make a case that you were 'operating' the vehicle. On the other hand, a good lawyer may be able to delineate enough flaws in the case to negotiate a workable plea bargain.
Answered on 3/13/06, 1:22 pm
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