misdameanor

[MICHELES88]

What is the name of your state? tx
I was arrested in March of this year for DWI. I had some prescription pills that I have taken on and off for many years and a new one that is not a narcotic but I guess made me a little off. I very lightly hit two cars which has long since been settled no injuries. To make it worse it was on my kids school property. i am chaged with a misdameanor. I allowed a blood draw and the results are not back. I obtained a lawyer who I paid 2,500.00 to and after seeing the video says it is a no brainer to go to court. I was completely coherant and had extensive conversation with the officer during the entire ordeal which is on video. I have NEVER been in ANY trouble even as much as a speeding ticket in my life. It was very heavy rains that morning. My attorney is well respected, however, wants an additional 7,500.00 to go to trial. I do not know what to do. The only thing that could possibly come out of the blood draw is what I have legitimate prescriptions for and have been using on and off for half my life due to surgeries, etc...

I would like to know what is the normal procedure in TX for first time and no priors for anything.

thank you!

[JETX]

Originally Posted by MICHELES88

I would like to know what is the normal procedure in TX for first time and no priors for anything.

No such thing. It is entirely up to the court. I have seen some first-time cases get long probations and large fines, some get community service and fairly small fines.

[BigMistakeFl]

Check with your lawyer about the fee. It's possible that the funds you have already paid will cover everything up to trial, if it goes that far. DUI cases more often settle out before reaching that point. Many lawyers will charge you a fee such as what you paid, to handle everything. If the case goes to trial, they often charge an additional fee.

[CdwJava]

It looks like the $2,500 was to review and handle the matter through arraignment. Now the attorney seems to think the video will help at trial and wants an additional $7,500 for the trial.

If the drug test results come back with a borderline level of narcotics or other drugs in your system, you may be able to wiggle out of it. However, if there are more than one drug on board or the levels are significantly higher than the minimum concentrations used to establish influence, your attorney might consider a plea. However, HE is in the best position to evaluate your case vis-a-vis your local court.

No one can tell you what to do on this. But, keep in mind, you CAN be DUI on prescription medications even when taken in their prescription dosage..

- Carl

[BigMistakeFl]

Has your attorney spoken with or corresponded with prosecution with an offer to plea to another charge?