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post #1 of 7 (permalink) Old 05-22-2006, 11:23 AM Thread Starter
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Question DWI Related question.

I know someone who just got his 2nd DWI down here in Texas. If there is anybody who knows anything about law on this forum, can you tell me what his chances are of keeping out of jail? His lawyer told him to immediately start going to AA Meetings. This guy, since he claims he does not have a problem, said he was going to early meetings. He claims he does not have time with his busy life after work, (his girlfriend), to go to meetings after work. I call B.S. on this. The purpose of going to the meetings is so that you don't drink. I just don't want to see a friend that I've known for twenty years go to prison. Any advise on what to do would be greatly appriciated. By the way; he has made me promise to not tell any of our friends or family. I think he is ambarrased and in denial. This really sucks, because I know they are really coming down on drunk driving.

"The good, & the evil; there never really is one without the other...!?"
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post #2 of 7 (permalink) Old 05-22-2006, 11:56 AM
 
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Hi YZFr6-TX:

He has two DUI/DWI infractions and that hasn't knocked sense into him? Your friend is a dyed-in-the-wool alcoholic. Meet him after work and drag him kicking and screaming to a meeting and you can wait outside until he is done.

Alcoholism will ruin friendships as certain as the sun rises in the east each morning. Cut your losses now and tell him you won't be speaking again until he can prove he has been staying sober and attending the appropriate meetings. One of my friends turned alcoholic after high school and it was a nightmare for his family until he died about a decade later.

~ Blue Jays ~
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post #3 of 7 (permalink) Old 05-22-2006, 02:34 PM
 
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I did a quick search and came up with Texas' laws with DUI

Quote:
DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) will be treated by Texas courts as either a misdemeanor or a felony, depending upon the circumstances of the DWI case, and the prior record of the accused.

Driving while intoxicated (DWI), when a first offense, is a Class B Misdemeanor. The applicable Texas Penal Code section provides that "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place."

Jury trials are available to those accused of DWI or DUI in Texas. In order to gain a DWI conviction, the prosecutor must convince all jurors of the defendant is guilty of drunk driving beyond a reasonable doubt. To do so, a prosecutor must prove that the defendant, on or about a particular date was:

1. Operating a motor vehicle
2. In a public place (street, highway, beach, parking lot, etc)
3. In a particular county - While intoxicated (alcohol or drugs)

The Texas legislature has specifically defined the term "intoxication" as it relates to DWI cases. There are two definitions:

1. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2. Having an alcohol concentration of 0.08 or more. The law allows for intoxication by way of any intoxicating substance. It is no defense that the intoxicating substance was a prescribed drug; if any substance, legal or illegal, deprives a driver of the normal use of mental or physical faculties, the case may be prosecuted.
The second offense if considered a felony, as you already know. My best advice would be to just give him the hard facts, tell him he is facing prison because of this and will most likely be convicted if he doesn't show that he is trying to curb his habit. I would suggest getting a good lawyer as well, he may need it. I also agree with Blue Jays, alcoholics are not fun to be around, which is the reason I avoid my dad for the most part. Good luck with all of this, and I hope your friend can change his ways.

Sepias
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post #4 of 7 (permalink) Old 05-22-2006, 02:54 PM
 
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or pay $$$$ for a lawyer and get try to get your sentence reduced. My friend here at NC got a dwi recently and paid 4k to a lawyer to deal with it. He's going to get off with a fine, a restricted license (drive only during a certain period with no passengers or something), and hours of community service. He's selling his 03 600rr to pay the bills. Oh wellz. But this was his first offense and the lawyer is calling out non-probable cause to stop him. (he only had 2-3 beers and was barely over the limit)
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post #5 of 7 (permalink) Old 05-23-2006, 06:50 AM Thread Starter
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He just informed me that his father has hired two lawyers. One used to be a judge, the other used to be a D.A. Both are from different countys. He said he is just going to take it day by day. My brother in law is actually in law school right now. Although he is going into offshore law. He said he believed for a second offence is 6 months prison regardless. He is looking into it to get more info. I just hate seeing a good friend go to jail. I'd do anything to help him; but I'm in a bind myself with these gas prices. I have to take care of myself first. As far as why he was arrested; he pulled up into a Taco Cabana Restaraunt at 3:00 am in the morning with his music blaring. A cop inside actually walked out to his truck when he was ordering food in the drive through. He should have just gone straight home after the dumb ass decision to drive in the first place.

"The good, & the evil; there never really is one without the other...!?"
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post #6 of 7 (permalink) Old 05-23-2006, 08:19 AM
 
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Hi All-

They always 'eff you at the drive-thru!



Hopefully this event and tangle with the law will have a profound effect on your friend and he'll swear-off the alcohol.

~ Blue Jays ~
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post #7 of 7 (permalink) Old 05-23-2006, 08:53 AM Thread Starter
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I hope so too.

"The good, & the evil; there never really is one without the other...!?"
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