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53 Things YOU Need to Know about Your DWI Case that NO ONE is Telling YOU 4 things the County Attorney does not want you to know : - He does not have all the witnesses available to prove his case.
- He has exculpatory evidence which would prove your innocence.
- He has evidentiary problems in proving your blood alcohol level.
- He's bluffing.
6 of the facts that must be proved before you can be found guilty: - Your identity
- Of a motor vehicle
- As a driver operating a motor vehicle in a public place
- In the state of Texas, while
- Your blood alcohol level was over the texas dwi limit or
- You lost the normal use of your physical or mental faculties.
What you must do immediately to preserve your right to drive: - The arresting officer should have provided you with paperwork about the suspension of your driver's license(notice of suspension).
- You have 15 days from the date the notice was served to request a hearing to contest the suspension or your license will be automatically suspended.
10 questions your attorney must ask you. - What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer's stated reasons for stopping you.
- Whether the officer asked or ordered you to take roadside tests.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed prior to a breath test,
What are the 4 items crucial to your defense? - A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An attorney who is knowledgeable in the area of Texas DWI law.
Why a jury trial is advisable: - Six people have to agree on your guilt instead of one in a misdemeanor DWI, twelve in a felony DWI.
What is necessary to get a jury trial? - You automatically have a right to a jury trial.
How the arresting officer's testimony can be discredited: - Inconsistent statements.
- Failure to recollect.
- Inability to conduct the Standardized Field Sobriety Tests in the prescribed manner.
5 requirements which must be followed for chemical and roadside tests to be valid: - The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must inform you of your rights concerning a breath or blood test.
- The officer must have probable cause before he arrests you and before he requires you to take a blood or breath test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go to trial? - An estimation of the weaknesses and strengths of the State's case against you.
- The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it. - It's a cost benefit analysis. How much do you have to defend your case?
What effect will this arrest have on my license and when will I be able to drive? - If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time.
How to save your license if you're found guilty in court? - Request an occupational license if your license is suspended.
What 4 preliminary motions should be filed, and the danger to you if they aren't. - Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence. 7 defense tactics in pre-trial motions: - Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given
- Contest the use of any blood or breath test.
- Contest the constitutionality of any search and seizure.
SOURCE: http://www.austin-texas-dwi.com/parts/things.html
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SPECIAL REPORT: The 10 biggest mistakes most people make after being arrested for a DWI in Texas . . . and how to avoid them.  1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars. 2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winable case can quickly become a loser. 3. Hiring an attorney based on the amount of the fee alone. The State of Texas has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest. 4. Not complying with driver's license laws. You could lose your right to drive. 5. Driving after your license has been taken away.6. Not taking full advantage of your constitutional rights.7. Taking the prosecutor's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case. 8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances. 9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you. 10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you. source: http://www.austin-texas-dwi.com/parts/mistakes.html
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Most of the Filipinos always makes mistakes when you ask them about the title of our Philippine National Athem...the most answers that you will receive is "BAYANG MAGILIW" which is not exactly the right answer. "BAYANG MAGILIW" is the first two words of our famous National Anthem created by Juan Felipe under the administration of Emilio Aguinaldo...It's just a very funny thing that we almost forgot the title of our Philippines National Anthem which is "LUPANG HINIRANG" Anyway I have copied the lyrics of BAYANG MAGILIW or LUPANG HINIRANG .... Lupang Hinirang Bayang Magiliw
Perlas ng Silanganan,
Alab ng puso
Sa dibdib mo’y buhay. Lupang hinirang,
Duyan ka ng magiting,
Sa manlulupig,
‘Di ka pasisiil. Sa dagat at bundok,
Sa simoy at sa langit mong bughaw,
May dilag ang tula at awit
Sa paglayang minamahal. Ang kislap ng watawat mo’y
Tagumpay na nagniningning,
Ang bituin at araw niya
Kailan pa ma’y ‘di magdidilim. Lupa ng araw, ng luwalhati’t pagsinta,
Buhay ay langit sa piling mo;
Aming ligaya, na ‘pag may mang-aapi
Ang mamatay nang dahil sa ‘yo. click here to listen Jingle Bell RockChristmas Lyrics by Bobby Helms
Jingle bell, jingle bell, jingle bell rock
Jingle bells swing and jingle bells ring
Snowing and blowing up bushels of fun
Now the jingle hop has begun
Jingle bell, jingle bell, jingle bell rock
Jingle bells chime in jingle bell time
Dancing and prancing in Jingle Bell Square
In the frosty air.
What a bright time, it's the right time
To rock the night away
Jingle bell time is a swell time
To go gliding in a one-horse sleigh
Giddy-up jingle horse, pick up your feet
Jingle around the clock
Mix and a-mingle in the jingling feet
That's the jingle bell,
That's the jingle bell,
That's the jingle bell rock.
Jingle Bell Rock - it was first relaesed by Bobby Helms in 1957 and has received frequent airplay during every Holiday Season time since then. "Jingle Bell Rock" was written by Jim Boothe and Joe Beal.
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