Texas, defendants facing DWI charges aren’t considered guilty
immediately after their arrest. Officers must follow all the laws if
they want to secure a conviction for the criminal offense.
Unfortunately, select officers may fail to abide by the rules. For
this reason, the defendants could secure a viable defense against a
conviction. A DWI
defense lawyer in Tyler TX
assesses the circumstances of the arrest as they approach the case.
Driver wasn’t Driving
arrest a driver for a DWI charge, the vehicle must be in motion.
There isn’t a law against drunk drivers sitting behind the wheel of
their automobile. It doesn’t matter if the engine was started or
not. If they aren’t operating the vehicle, they aren’t guilty of
of Legal Counsel
time that a defendant is arrested, the officers must explain the
defendant’s Miranda Rights. A failure to inform the defendant of
their rights could lead to a dismissal of the charges. If the
officers refuse to allow the access to legal counsel, any tests
results secured after the refusal can be dismissed entirely. By
requesting legal counsel, the defendant is not refusing to submit to
testing. They are requesting the opportunity to discuss their case
with an attorney.
the officer didn’t have probable cause, the arrest could be
dismissed. For example, an officer cannot stop a vehicle simply
because a driver was leaving a night club. The driver must break the
law first. The officer cannot stop the driver unless they are
speeding, texting and driving, or driving recklessly. If they didn’t
commit a moving violation, the officer doesn’t have probable cause.
patients can exhibit the same signs of intoxication if their blood
glucose levels are too high. An officer who makes the arrest based on
related behavior patterns could present a mistake of fact defense. If
the defendant can prove this condition, their attorney moves to
dismiss their case.
Texas, defendants need a clear defense for a DWI charge. The
circumstances of the arrest could present a clear option for
dismissing the case. Defendants who are facing these charges and need
to speak to a DWI defense lawyer in Tyler TX can contact us for more
Moore, Waldron, & Parrish P.L.L.C.,
our attorneys represent individuals who have been charged with DWI
and other traffic offenses.
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