DWI w/child in Texas
I was arrested for DWI w/child. I am being offered by the DA, deferred adjudication, probation for 2 years and 100 fine. Since this is a felony, Is this a good plea to take or is it a glorified conviction (was caught on tape, blew a .14 and .16, and report not in my favor)? I am told due to a legal loophole, they can offer the deferred. Second, if I take the plea, do I have to pay the DPS surcharge for DWI to keep my license? Since I'm not 'convicted' just yet. The only thing I can find is when you are convicted. Thanks
2 Answers from Attorneys
Re: DWI w/child in Texas
In my county, this would be a shockingly good deal. Shockingly. It makes me wonder why you are being offered such a great deal. Either take it and run, or hire a lawyer to see if there is a major problem with their case. Successful completion of deferred is not a conviction (except under immigration law).
Re: DWI w/child in Texas
Hello there,
This sounds like to good a deal for someone to be offered this without an attorney. You should hire an attorney so they can investigate if there is something wrong with the states case.
Many things could have happened.
Maybe the states officer is no longer around or there have been problems with the intoxilizer you were tested with.
You have heard before "If a deal is too good to be true it usually is".
The same could be true regarding this deal. It sounds like they are offering this to you to get rid of the case.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
3301 GOLDEN RD.
STE. 410
TYLER, TEXAS 75701