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DWI case- How does the DA up the charges?
#7485365
04/12/19 05:16 PM
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Joined: Sep 2009
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ChadTRG42
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My brother was the victim of a DWI wreck with high bodily injury. The person that hit him is only being charged with misdemeanor DWI (standard DWI). The proper charge for DWI with bodily injury is felony DWI. How do you get these charges changed to reflect the proper charge? How does this process work?
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485366
04/12/19 05:18 PM
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Joined: Aug 2004
Posts: 17,724
Txduckman
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Sucks. What impact is it to your brother though on what the charge is? He will get paid either way. I would start by asking the accident report investigator.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485384
04/12/19 05:33 PM
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ChadTRG42
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1- this helps out the case for insurance issues, and for the civil case.
2- misdemeanor DWI is often a slap on the wrist and probation. The overall crime does not fit the punishment.
3- It's an intoxication assault
There are four intoxication-related offenses that are classified as felony DWI: A DWI 3rd or more offense A DWI with a child passenger >>An intoxication assault<< An intoxication manslaughter
Intoxication assault is when you cause serious bodily injury to another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason of your intoxication.
“Serious bodily injury” means injury that creates substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Intoxication assault is a felony DWI of the third degree, which can result in a fine up to $10,000 and 2 years to 10 years in the Texas Department of Criminal Justice, and a driver’s license suspension ranging from 180 days to 2 years. If you are convicted, you’ll be assessed an annual $1,000-$2,000 surcharge fee required every year for 3 years in order to retain your driver’s license. A felony conviction also disqualifies you from voting and possessing a firearm.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485389
04/12/19 05:41 PM
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Joined: Aug 2004
Posts: 17,724
Txduckman
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He was hurt, insurance pays as long as it was 100% the drivers fault. Plus they won't have much money left if you did file a civil suit. Might win judgement but they actually need a job to pay it. My old roommate many years ago was put in a coma by DWI driver and racked up $100Ks in bill's and months of therapy. Got nothing from the perp as he had nothing. Not even insurance.
His attorney should handle this stuff. I got one doing a case for me if he wants one.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485404
04/12/19 05:57 PM
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Joined: Dec 2010
Posts: 7,369
hopalong
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a DA will usually go for the charge that they can successfully prosecute, they want to win and get a conviction.
there may be something in the drunks past that caused the lesser charge ie. first dwi, plead down with alcohol education and community service etc. if they go for felony the possibility of conviction may be harder to get, if he/she has a family with kids etc. the sympathy of a jury will come into play.
lots of reasons for it to be lesser than it could be but I will bet there is a plea deal in the works.
lake fork FISHERMANS COVE MARINA - 903 474 7479 reservations
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485454
04/12/19 06:51 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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The obvious answer is to schedule an appointment with the DA (not the asst.DA handling the charges but the actual District Attorney) and begin applying pressure on behalf of the family. Firmly but nicely at first but firmly and not-so-nicely if no cooperation is given. This would include going to the media if necessary.
He/she is an elected official and is in charge of the office. They are subject to political pressure.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485489
04/12/19 07:21 PM
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Posts: 1,613
thegrouse
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The way the process works here is the person is arrested and the paperwork is sent to a county trial court for misdemeanor cases. The prosecutor looks at it and decides what to do with it. It is important that the DWI and accident report reflect the injuries. If they feel it should be a felony it is dismissed, worked up and presented to a grand jury for felony indictment. Then a warrant is issued and a new court date set in district court. In our area it takes a pretty good amount of injury to be intox assault, generally bumps, bruises and broken bones do not qualify from what I have seen. Have you started with the victims advocate in the court where the case is pending?
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485500
04/12/19 07:32 PM
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Joined: Jul 2007
Posts: 35,199
Brother in-law
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Re: DWI case- How does the DA up the charges?
[Re: Brother in-law]
#7485582
04/12/19 09:19 PM
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Joined: Sep 2009
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ChadTRG42
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Re: DWI case- How does the DA up the charges?
[Re: Nogalus Prairie]
#7485637
04/12/19 10:22 PM
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Joined: Oct 2009
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majekman
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The obvious answer is to schedule an appointment with the DA (not the asst.DA handling the charges but the actual District Attorney) and begin applying pressure on behalf of the family. Firmly but nicely at first but firmly and not-so-nicely if no cooperation is given. This would include going to the media if necessary.
He/she is an elected official and is in charge of the office. They are subject to political pressure. ^^^this is all you need to know by someone who knows
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485653
04/12/19 10:38 PM
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Joined: Dec 2006
Posts: 2,071
ChrisB
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Hell, they will probably just let them off in Dallas.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485676
04/12/19 11:18 PM
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Joined: Feb 2008
Posts: 12,225
Grizz
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That's your first problem. My guess is the prosecutor doesn't think he/she can prove serious bodily injury. If you ask different prosecutors about the same injuries you'll get different opinions. For what it's worth (not much), my opinion is a lot of these cases that don't meet the threshold of SBI actually fit the higher offense of Agg. Assault Deadly Weapon. The elements (paraphrased) are committing an assault and using a deadly weapon. The assault is recklessly causing bodily injury to another and the deadly weapon is the vehicle. In a scenario like running a red light while driving drunk, I believe any jury would see something like that as reckless. I'm sure that would never fly in Dallas Co., but it would be worth a conversation if the circumstances of the wreck support it. Either way, like NP stated, I would be meeting with the DA to push the issue if his injuries are that serious. Just be prepared to walk away pissed.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485767
04/13/19 01:03 AM
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Joined: Feb 2015
Posts: 1,856
REALKILLER
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Ol boy must be in the cool click
Recently got a gym membership, strange folks! I like to show up the roid zombies with my full motion curls with the 55lb. bells. Not their cheater short stroked light weights. It's holarious.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485789
04/13/19 01:41 AM
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Joined: Jul 2007
Posts: 35,199
Brother in-law
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Just look at what the DA said today. Dallas is lost
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7485966
04/13/19 05:29 AM
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Joined: Dec 2010
Posts: 8,841
DocHorton
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Sorry to hear about your brother, Chad. I hate drunk drivers...should be a mandatory felony and prison time if they cause an accident, IMO.
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Re: DWI case- How does the DA up the charges?
[Re: Brother in-law]
#7485969
04/13/19 05:39 AM
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Joined: Jul 2015
Posts: 23,226
Bee'z
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Just look at what the DA said today. Dallas is lost Unfortunate his is right
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7490858
04/18/19 04:30 PM
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Joined: Sep 2009
Posts: 18,995
ChadTRG42
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Guys, thank you for the advice. I have spoken to the Dallas DA's office and am in the process of clarifying the details of this case. I also spoke to a buddy of mine who is a police chief and he said the same thing about what to do. I'm amazed at how slow this process is.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7491168
04/18/19 10:56 PM
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Joined: Jan 2011
Posts: 46,950
Gravytrain
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Some animals are more equal in Dallas County.
Upon us all, upon us all, a little rain must fall
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7491172
04/18/19 11:04 PM
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Joined: Nov 2009
Posts: 91,416
bill oxner
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Guys, thank you for the advice. I have spoken to the Dallas DA's office and am in the process of clarifying the details of this case. I also spoke to a buddy of mine who is a police chief and he said the same thing about what to do. I'm amazed at how slow this process is. It could take a couple of years. The civil process is slow. Been there.
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7491223
04/19/19 12:24 AM
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Joined: Nov 2009
Posts: 69,548
NORML as can be
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You just thought Mueller was s l o w .
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7491234
04/19/19 12:31 AM
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Joined: Jul 2011
Posts: 6,125
Ranch Dawg
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DA ( Dumb Azz ) John Creuzot will probably buy him a drink when he bonds out.
THE ROAD GOES ON FOREVER AND THE PARTY NEVER ENDS.
F##K YOU JOE BIDEN !!!!!
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7518916
05/24/19 03:52 AM
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Joined: Sep 2009
Posts: 18,995
ChadTRG42
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Good news! We got word today that the charges are now intoxication assault, which is Felony DWI.
What's more interesting, is today was also the day my brother had his back surgery. So, yes, we are both really glad about this news.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7518926
05/24/19 04:16 AM
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Joined: Jan 2007
Posts: 15,638
reeltexan
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every once in a while........justice happens.
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7518928
05/24/19 04:26 AM
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Joined: Jul 2015
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Bee'z
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Great news Chad
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Re: DWI case- How does the DA up the charges?
[Re: ChadTRG42]
#7518947
05/24/19 10:27 AM
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redhaze
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