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Driving While Intoxicated 2nd Offense in Forth Worth

Driving While Intoxicated 2nd Offense

Fort Worth DWI Lawyer

DWI laws are complex.  Generally, a DWI is a Class B Misdemeanor.  This offense can be increased if the person has been previously convicted of a driving while intoxicated offense.  Prosecutors do not always catch this at first when charging the offense.  Knowing the potential charges is critical especially when dealing with a violation of section 49.09 of the Texas Penal Code. 

Additional Evidence

Generally, in a DWI trial, the prosecutor has to prove:

 A person;

Operated a motor vehicle;

In a public place;

While intoxicated.

To enhance the penalties, the prosecutor must also prove that the person charged in the offense has been previously convicted of an offense of driving while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or assembling or operating an amusement ride while intoxicated.

Additional enhancements may apply depending on the number and type of other convictions of the individual has.

New penalties

If convicted with the enhancement, the person can be punished by 30 days to one year in jail and said jail time with a fine not to exceed $4,000.00.

What does this mean?

First and foremost, the additional evidence required means there are more mistakes that can be made.  The prosecutor failing to prove his or her case at trial is the number one defense in all cases.  The job of the defense attorney is to poke holes in the evidence the State intends to present.  The more evidence the prosecutor has to present the greater the likelihood that something is forgotten.

Secondly, identifying charging errors against the defendant or in the favor of the defendant is critical.  Some errors are important for trial and the others would permit the defendant to enter a plea to a lesser charge before the error is discovered.

Finally, the increased penalties personally change every decision each defendant must make in their case.

DWI cases are very complex and even the most well versed person has difficulty understanding their case.  If you or a loved one have been charged with driving while intoxicated, call Brian J. Newman at 817-231-0023 to discuss your case. 

Aggravated Assault

Aggravated Assault is a serious offense.  Aggravated Assault is different than Assault Bodily Injury in many ways.  Each offense carries different penalties and requires different proof.  Not every offense charged as an Aggravated Assault is actually an Aggravated Assault.  Mistakes are made and prosecutors may misinterpret evidence.

Aggravated Assault

Under Section 22.02 of the Texas Penal Code, to prove an Aggravated Assault, the prosecutor h    as to also prove an assault occurred and:

The defendant caused a serious bodily injury to another; or

The defendant used or exhibited a deadly weapon during the commission of the assault. 

Deadly Weapon

A deadly weapon is anything that is designed or can be used to cause a serious bodily injury or death. A deadly weapon can be anything from a gun, a knife, a car, or even a rock.  This depends on the item’s design or how the person allegedly used the purported deadly weapon. 

Serious Bodily Injury

A serious bodily injury is an injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or a long lasting injury that will result in the loss or impairment of the function of a body part.  Basically this means a lot of things.  Under this definition, an Aggravated Assault can occur from anything from a gunshot, stabbing, hitting someone with a car, or even the wrong kind of punch.

Penalties

Generally, an Aggravated Assault is a second degree felony, which is punishable by between 2 and 20 years in prison and a fine up to $10,000.00.

Also, if committed against a family member or a public servant or several other conditions, an Aggravated Assault is punishable as a first degree felony.  A first degree felony is punishable by five to ninety-nine years or life in prison and a fine not to exceed $10,000.00.

Aggravated Assaults are serious cases.  It is important to find a lawyer ready to investigate your case and form a strategy that best suits you.  If you or a loved one have been charged with Aggravated Assault, call Brian J. Newman at 817-231-0023 to discuss your case. 

Failure to Identify or providing false or fictitious information

People are not required to give out their personal information to a police officer upon requests alone.  Once a person is arrested, Texas law requires that person identify him or herself to the arresting officer upon request.  The information provided must be true.  More often than not, the person is scared of the consequences of an arrest, and gives the arresting officer a fake name.  This split second decision can cause some serious headaches for the person arrested. 

Penalties

Section 38.02 of the Texas Penal Code criminalizes failure to identify or providing false or fictitious information. 

Failure to Identify is punishable either as a Class C misdemeanor or a Class B Misdemeanor, which may include jail time as punishment.

Providing false or fictitious information is a Class B misdemeanor or a Class A misdemeanor. Depending on the offense charged, a person could face up to a year in jail.

The difference is whether the person is a fugitive from justice at the time, which may occur when the person has warrants out for their arrest at the time of the arrest.

These charges generally come up while the person is being prosecuted for another offense.  Unfortunately, if you are innocent of the other offense, the prosecution for Failure to Identify or Providing False or Fictitious Information may continue. 

Failure to Identify or Providing False or Fictitious Information cases can be a pain in the ass. This is especially true when the underlying arrest was illegal.  If you need to talk about your case, call the Law Office of Brian J. Newman to discuss your case at 817-231-0023.

Resisting Arrest, Search, or Transportation

Resisting arrest, search or transportation comes up in several instances, when a person uses force to prevent a search by holding the door of a house shut to keep the police out, when a person resists arrest by keeping their hands in front of their body preventing a police officer fro handcuffing the person, or when a person resists transportation by keeping the door of the police car from closing after the person is placed in the back of the car.  These are not the only instances where this offense may occur.

Elements

At trial, the prosecution, under section 38.03 of the Texas Penal Code, has to prove that:

A person;

Intentionally prevents or obstructs;

Another that he or she knows is a peace officer;

From effecting an arrest, search or transportation.

Penalties

Resisting arrest, search, or transportation is a Class A Misdemeanor, and is punishable by up to a year in jail, a fine not to exceed $4,000.00, or both.

If a deadly weapon is used, resisting arrest, search, or transportation is a third degree felony, and is punishable by between two and ten years incarceration and a fine not to exceed $10,000.00.

Illegal or Unlawful Arrest

Even if the underlying arrest is not lawful, a person can still be convicted of resisting arrest, search, or transportation.

If you need to talk about a resisting arrest, search, or transportation case, call Brian J. Newman at 817-231-0023.  It is important to determine what occurred quickly, so that you can form the best strategy to combat this criminal charge.

Evading Arrest or Detention

Evading Arrest can be anything from a high speed chase to running from a police officer.  It is human nature to run from danger.  It is not uncommon for people to run in situations where the police confront them.  However, it can be a very dangerous situation for everyone involved.  In other cases, there is not this same concern for harm because a vehicle was not used or the flight was short.  Your situation matters to determine not only if you actually committed the offense of evading arrest and the types of punishments that you may be facing. 

Elements

The criminal offense of Evading Arrest or Detention is outlined in section 38.04 of the Texas Penal Code

The prosecution has to show that:

A person,

Intentionally flees

From a person he knows is a peace officer or federal agent

The peace officer or federal agent is attempting to lawfully detain the person

Penalties

In most instances, evading arrest is a Class A misdemeanor, and is punishable by up to a year in jail, a fine not to exceed $4,000.00, or both. 

If the person has a prior conviction for evading arrest or used a vehicle, evading arrest is punishable by between six months and two years in a state jail and a fine not to exceed $10,000.00.

If another person sustains a serious bodily injury during the flight or the defendant used a vehicle and has a prior conviction for evading arrest, the offense is a third degree felony, and is punishable by two to ten years in prison and a fine not to exceed $10,000.00

If another person dies while the defendant is evading arrest and as a result of the flight, the offense is a second degree felony, which is punishable by two to twenty years in prison and a fine not to exceed $10,000.00.

Evading Arrest or Detention cases depend on the witnesses that observed the offense.  The police officers are trained witnesses.  They prepare detailed reports about Evading Arrest and it is important to sit down to find out your side of events quickly.  As time passes, memory fades understanding what happened and recording it is important to prepare a defense.  If you would like to discuss your arrest for Evading Arrest or detention, please call 817-231-0023 to set up an appointment with Brian J. Newman.

FAQ

Drug Offender Education Program, DOEP, or D.O.E.P.

What is it?

Drug Offender Education program is a program offered in the State of Texas.  The program is 15 hours long, and helps participants learn about the dangers of drug abuse and illegal activities.  The overall point of the DOEP is to develop a plan which will reduce the probability of future drug use and illegal behavior.

What does it cover?

The Drug Offender Education Program course discusses the following topics: drug abuse, drug/DWI laws, dynamics of drug use, drugs of abuse, how drugs work, cost of use and abuse, health issues, HIV, interpersonal relationships, de-glamorization of drugs, values and behaviors, desired behaviors, getting control, resource options, and personal action planning.

Where is it offered?

Drug Offender Education Program is offered at the following locations:

What happens if a person convicted of a drug offense does not complete DOEP?

A person convicted of a drug offense has their license automatically suspended under the Texas Transportation Code.  The period of the suspension or denial of a driver’s license is 180 days. 

Failure to complete the DOEP or Drug Offender Education Program will prevent a person from obtaining a driver’s license from.

Possession cases carry several consequences.  Some are serious others can create a hassle.  It is important that you understand what your obligations are before you determine how you want to approach your case.  If you have questions about a drug offense or possession of a controlled offense, call 817-231-0023 to schedule a meeting with Brian J. Newman.

FAQ

DWI Education

What is Driving While Intoxicated Education Program?

DWI Education program is a twelve hour long program.  The program helps people convicted of DWI to learn about alcohol and drugs, the impact on driving skills, to identify the person’s individual’s drinking or drug use and driving patterns, and to help the person to develop a plan which will reduce the probability of future DWI behavior.

What topics are covered?

Specific course topics include alcohol/drug and traffic safety problems, Texas laws relating to DWI, effects of alcohol/drugs on humans, alcohol/drugs and driving task abilities, chemical dependency, symptoms of dependency, sources of assistance, costs of DWI, and decision-making.

When are people required to take a DWI Education program?

Under the code of criminal procedure, a person that receives probation for a first offense of DWI is required to attend the Driving While Intoxicated Education program.

When must it be completed?

DWI education must be completed before the 181st day after the day community supervision is granted.  The program takes time, so waiting to the last minute could result in some serious consequences.

What risks are there if DWI education program is not completed?

First, the driver’s license cannot be reinstated until the DWI education program is completed.

Secondly, this must be a condition of probation.  Failure to complete Driving While Intoxicated Education program can result in the probation being revoked and the trial court may impose a sentence of jail time.

Where to set up this program?

This program can be set up through community supervision and corrections department.

DWI Cases carry a variety of consequences.  How your case is handled impacts what obligation you will have later.  The sentence that the trial court imposes is important for clients to understand.  If you are unclear on what you options are in a Driving While Intoxicated case, call Brian J. Newman at 817-231-0023 to discuss your case. 

FAQ

DWI Intervention Program

What is Driving While Intoxicated Intervention?

DWI Education program is a thirty-two hour long program.  The program intervenes in alcohol/drug abusing lifestyles.  The point is to encourage a person to enter into treatment and to prevent further substance abuse problems. 

What topics are covered?

Specific course topics include lifestyle issues, values, self-esteem, positive thinking vs. irrational beliefs, responsibility, physiological/psychological effects of drugs, alcoholism, chemical dependency, how drug abuse effects family members, co-dependency, Al-Anon, treatment options, l2-Step Self-Help Groups, peer pressure, relapse prevention, problem solving and action planning.

When are people required to take a DWI Intervention program?

Under the code of criminal procedure, a person that receives probation for a second or subsequent offense of DWI is required to attend the Driving While Intoxicated Intervention.

What risks are there if DWI intervention program is not completed?

First, the driver’s license cannot be reinstated until the DWI intervention program is completed.

Secondly, this must be a condition of probation.  Failure to complete Driving While Intoxicated Education program can result in the probation being revoked and the trial court may impose a sentence of jail time.

Where to set up this program?

This program can be set up through community supervision and corrections department.

DWI Cases carry a variety of consequences.  How your case is handled impacts what obligation you will have later.  The sentence that the trial court imposes is important for clients to understand.  If you are unclear on what you options are in a Driving While Intoxicated case, call Brian J. Newman at 817-231-0023 to discuss your case. 

FAQ

Theft Intervention Program or TIPS

TIPS is a program that is offered by private service providers.  In some cases, the prosecutors may ask that a Defendant complete this class as a prerequisite to a plea.  Getting it done quickly and well, let’s the prosecutor know that you are taking this seriously.  You are not required to disclose that you completed the TIPS class if you want to go to trial. 

What kind of cases is Theft Intervention Program completed?

Generally, TIPS is completed in low level misdemeanor theft cases.  Additionally, it could be part of the probation requirements

Where is it offered?

TIPS is offered several places in the Fort Worth area.

Center for Therapeutic Change
605 E. Border St
Arlington, TX 76010
817-548-9990

6320 Brentwood Stair Rd
Fort Worth, TX 76112
817-446-9770

5801 W. Curzon Ste 245
Fort Worth, TX 76107
817-548-9990

Animo Counseling
817-274-3983

Opportunities Counseling
601 University Dr,
Fort Worth, TX 76107
817-885-8300

If you or a loved one have been arrested for theft and have questions about your options including the Theft Intervention Program, call 817-231-0023 to discuss your situation with Brian J. Newman.  There are a lot of decisions that can impact how well your case is resolved. 

For criminal defense, Brian really knows Texas Criminal Law and the rules of law. He's prepared when he goes to trial and ready with really good objections. - Laura G.

 

 

 

Extremely satisfied client
Mr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip 

Fantastic Fort Worth defense attorney! Brian J. Newman represented my son and I could not be happier with his work. Thank you so much for your help. - Michael S. 

 

 

 

 

 

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