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Question about DWI in Texas...court proceedings... [View All]

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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-06-03 09:39 AM
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Question about DWI in Texas...court proceedings...
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Not me...don't worry. :-)

A guy I knew when I lived in Texas was arrested for his third DWI in three years in Texas, which has zero tolerance laws signed into effect by Bush in 1999. I understand that the court can look back indefinitely at other offenses (DWI, family violence, etc) when making the sentencing decision.

So, as the story goes, he hired a lawyer, who told him that there was no getting around it. Possible time in a penitentiary.

Here are my questions: (Thank god I have had no experience in Texas felony justice :scared: )

1) What exactly is araignment? Do you plead guilty in that phase?

2) The docket for Federal District Court shows that there will be a hearing tomorrow and it just says "guilty plea." Does that mean that he has already entered a guilty plea or that he is expected to tomorrow?

3) After the hearing tomorrow, since he has or will plea guilty, will he be taken to Huntsville at that point in time?

4) Do all third offense DWIs in Texas go to the pen? My understanding is that since it is a felony, you will do at least two years. Anyone here from Texas that can tell me any differently?

Thanks for any knowledge you can provide about justice in general or Texas justice in particular.

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