DUI in Texas

[powerstroked]

1. How old are you?

If you are under the age of 21 then all it takes in the state of Texas is the odor of alcohol coming from your breath.

I know that you dont live in travis county because the arresting officers PC would be kicked by the judge.

As far as reading marinda did you have any warrants? If you did then yes they should have read you your marinda rights but if you did not then no they dont have to.

Trust what i say I work DWI overtime atleast 3 times a week.

[stevenjones03]

I appreciate your response, However What exactly are my constitutional rights for if not to protect me? In Texas I was always told that your rights must be read to when being arrested for any reason. Well at least your miranda rights, To answer your question No I didn't have any warrants. I feel that the rookie cops made and mistake and all the court system is trying to do is force it on me. I also feel that it is all about money I mean I think I have and open and shut case since there is no evidence.


Thanks again for everyones help when it comes to all these legal matter's.

[FlyingRon]

Originally Posted by stevenjones03

I appreciate your response, However What exactly are my constitutional rights for if not to protect me?

They protect you from what happens going forward. If they don't question you, what protection to you gain from being told you have the right to refuse to answer, etc...?

In Texas I was always told that your rights must be read to when being arrested for any reason. Well at least your miranda rights,

You were told wrong.

I feel that the rookie cops made and mistake and all the court system is trying to do is force it on me. I also feel that it is all about money I mean I think I have and open and shut case since there is no evidence.

Force what on you. You haven't even been to the court system. All you have is a complaint from the police officer. While it may be inconvenient to you or cost money, as far as your constitutional rights, if things are as you say, it should be easy to resolve.


Thanks again for everyones help when it comes to all these legal matter's.[/quote]

You're still omitting stuff to us, and since you claim to have a lawyer, you should follow his lead. If you want to be straight with us, then some of us may be able to answer further questions.

[stevenjones03]

[/quote]You're still omitting stuff to us, and since you claim to have a lawyer, you should follow his lead. If you want to be straight with us, then some of us may be able to answer further questions.[/quote]


The Only thing that I have left out is that I was ordered to get and interlock device, which I did. my car was then put in the shop I was unable to have the device checked do to this. I had called and told the people that I check in with, that my car was being repaired the lady told me that is ok just when car was repaired to bring all the repair slips and receipts which I agreed. That next week they forfeited my bond for failure to report. I then had to go in front of the judge with my attorney which then my attorney told the judge that instead of locking me up to make me get a ankle blood test monitor. I called the place to get this ankle monitor installed and they said it was going to cost me $400 a month plus another $80 a month for the interlock and $10 for the reporting fee. well i was unable to install this ankle monitor because i had lost my job and cannot afford it so therefore my bond was forfeited and I had to rebond which has cost me more money, to this day my car has been repaired but I cannot start it because of the interlock device being locked out because the battery went dead from the device draining it while in repair shop. So now my attorney has told me that she can file a motion to suppress evidence which is the video because they did not read me my miranda rights.

[FlyingRon]

OK, now you are inventing a whole new story. This isn't a "I got stopped for DUI" story. This is I am in violation of my probation conditions from a previous DUI.

Sorry if you can't give us the TRUTH, why should be bother.

You do seem to have some pathological problem. You can't comply with basic orders and nothing is your fault. In addition to your lawyer, I'd suggest psychiatric help.

[BigMistakeFl]

Originally Posted by BigMistakeFl

Yeah, as with so many posts, one has to attempt to extract details from the original poster. It is possible that there is more to this story than meets the eye.

Steven, how can you hope to get decent advice without full disclosure? People, when you post to a site such as this and want to get genuine feedback that might come remotely close to what you can expect from the court and DMV systems, you must post all the facts. Remember, you are anonymous here, no one knows who you are. Put all the facts on here so we can give you an idea of what your chances are.

Steven, were you driving under probation for a previous DUI, interlock device in place, etc? Were you driving under and in complete compliance with your probation?

[stevenjones03]

How can you guys even give advice when you do not know when someone is telling the TRUTH. NO I AM NOT ON PROBATION FROM A PREVIOUS DUI.

I am trying to tell you the court is making me do all this stuff and I havn't been proving guilty I havnt even went to court on this charge.


Please understand what I am trying to say here If I am not coming across right then I apologies. What I have been trying to say is I got arrested I already told you the story and then i bonded out I got and attorney she reset the court dates over and over and over and over then I told you what happen with the interlock thing I was told under a bond condition that I had to install this thing not because of any probation or anything but because of a bond condition.


Now to answer your question I am 39 and I have been getting advice from these forums for years. However I do not in any way or forum appreciate being called and liar I have told everything and it seems that I have not explained myself right.

When I started this post all I was looking for was a simple answer.

Please try to come from my perspective on this.


Thanks

[JETX]

Originally Posted by stevenjones03

When I started this post all I was looking for was a simple answer.

For the umpteenth time... GET A GOOD LOCAL ATTORNEY!!!

[stevenjones03]

Originally Posted by JETX

For the umpteenth time... GET A GOOD LOCAL ATTORNEY!!!

I did I got and attorney and it doesnt feel like my attorney is doing anything for me, should I get a different attorney and file a grievance?

[BigMistakeFl]

Ok, you've enlightened me to Texas law whereby a judge can require installation of interlock device as a bond requirement. I was not aware of this. (See Article 17.441 Ignition Interlock Required as Condition of Bond)

That brings us back to the start. I stand by what a number of members have suggested which was that you hire an attorney who specializes in DUI defense, and fight this charge. With no substantial evidence against you, the case may be worth the challenge. Please come back and post the outcome. Good luck.

NB: These things take much more time than we would like. There's an intricate system within which your attorney must work. He files something with a deadline of perhaps a month or two out. Prosecution may answer that and more time will pass. It is frustrating, but very possible that much time will pass with what seems like absolutely nothing happening with your case. Don't be discouraged, it's a busy court system not a popular restaurant with a snooty maître d'.

[stevenjones03]

Thank you again you seem to be the only one that understands my confusing jumble. I will come back and post the outcome.




thanks again to everyone that has included there professional opinion.

[JETX]

Originally Posted by stevenjones03

I did I got and attorney and it doesnt feel like my attorney is doing anything for me, should I get a different attorney and file a grievance?

Are you on drugs???

First, you said that you were arrested without any evidence, that you were not "offered a field sobriety or a breathalizer test" and "they have no evidence or proof that I either did or didn't drink alcohol" and "they did not offer me any kinda of field sobriety or even offer me a breath test".

Then you admitted that they had a video and that you had an attorney (on Sunday) and he was "filing a motion to supress the video".

Then, your story jumped (in logic) again, and you said you were "ordered to get and interlock device"... but you haven't been to court (remember, your attorney was going to suppress the video!!).

Then, your story jumped yet again... "That next week they forfeited my bond for failure to report. I then had to go in front of the judge with my attorney which then my attorney told the judge that instead of locking me up to make me get a ankle blood test monitor." (What happened to the video being suppressed??).
The fact that the court was threatening your detention PROVES that you were already on probation for alcohol related offense!!!

Oh, here it is again... the video suppression.... "So now my attorney has told me that she can file a motion to suppress evidence which is the video because they did not read me my miranda rights."
Of course that is BS, since you're already on probation.

And now.... you're bitching that your attorney isn't "doing anything".

What story do you want us to believe??

[FlyingRon]

So you violated a bond condition, not a probation condition. You still left that out. How are we to know when you continually omit the full story. You're just not going to get some rosy answer to your problem by trying to paint yourself as a victim here.

You're lucky your bond wasn't revoked and your ass in jail.
Certainly don't expect to be driving until your trial comes up.

[stevenjones03]

Ok once again I was pulled over for and illegal U turn wasnt offered a sobriety or breath test, went to jail, got out waited about 5 months with my attorney resetting, had to install interlock, did that everything was fine.
my harmonic balancer broke so my belt came off, so i had to get car fixed.
I called the office i report to for interlock device and explained my cars situation, lady said ok just when it is fixed bring in receipts. 4 days later she sent in that I didnot come in to pay the $10 bucks monthly and report. 2 days later my attorney's office said that my bond was revoked and I had to be in court in 2 days. so I went to court and the judge told me that I violated my bond, my attorney pleaded and explained about my car and my issues. my car is fixed but i cannot start it because the interlock device locked it because the battery died while in mechanic shop for over 2 weeks.
I was told to have car towed to be reset and I would be ok, but the thing is I had lost my job and do not have the money for a tow.


I would like to add to the people on here that think I am retarded or psychotic and I need some kind of help. well I do need help and that is why I am here trying to get help.


Thanks again to everyone that has helped me with there professional opinions.

In short I think I am going to take this up with the A.C.L.U.

[JETX]

Originally Posted by stevenjones03

In short I think I am going to take this up with the A.C.L.U.

ROTFLMAO!!! Please do.... with all the ACORN crap they are in, they need a good laugh.