Legal Question in DUI Law in Texas

Wrong Date of Arrest

I was recently pulled over for a DWI. I was asked to step out of the car, and given the field sobriety test, and failed so i was arrested. I was never read my right, and when i was taken to the booking facility, they asked me to submit a breath specimen and I refused. At which point the officer never stated that if i didn't take the breath test, then it would automatically suspend my license for 180 days. I was never told that there would be bigger consequences for not taking the breath test.

Then i was booked, and help for about 8 hours before they let me out on a PR Bond since it was my first offence. Once i got home, i was looking at the booking papers and i noticed that the officer put down the wrong date of arrest.

I am going to try to appeal the license suspenion, and i have a court date set on March 25th.

Will the fact that they never read me my writes, didn't inform me of the consequences of not taking the breath test, and the fact that he wrote down the wrong date of arrest help me out in any way?

Any help is greatly apprecaited.


Asked on 3/01/05, 12:27 pm

2 Answers from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Wrong Date of Arrest

Yes, all that can help you out with your DWI, but you need to contact a criminal defense lawyer who handles a lot of DWIs in order to represent you in this matter, because if these issues are not preserved and/or not presented at the correct time it could backfire on you.

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Answered on 3/01/05, 2:51 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Wrong Date of Arrest

If the District Attorney Puts the wrong date on the charging instrument that is read to a jury and if it is actually proved up in court that the arrest was on another date an attorney that knows what he's doing could ask for a directed verdict of not guilty.

However, the district attorney could possibly try to state that it occurred ON OR ABOUT the date stated and some judges could hold you to the on or about date.

It all depends on who is representing you, who the judge is and how good your attorney is.

You need a DWI defense attorney.

If you would like to talk with me feel free to call my office or my cell.

Erick Platten

TylerJustice.com

903-593-9100 office

903-570-8248 cell

I would have responded sooner but I've just returned from a trial In Laredo and read your e-mail.

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Answered on 3/04/05, 1:49 am


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