What to Expect on a McLennan County DWI
You might think a DWI is a DWI no matter where you get it. To a certain extent that is right, but a post several weeks by Robert Guest started me thinking about the differences in handling DWI cases among different counties. Robert was talking about DWI cases in Kaufman County, and Imuch of what he said applies to DWI case in McLennan County. Although I don't often travel outside McLennan County, I will occasionally go to Hill County, Falls County or Bosque County. And there are differences in the way DWI cases are handled.
If you get a DWI in McLennan County you can expect that you are going to either have to go trial or accept a plea - usually for probation. I know you can find all sorts of stuff on the internet from lawyers about getting charges reduced or dismissed. Generally that is nothing more than an attempt to get your money. Giving them the benefit of the doubt though, I know there are some counties where that is a realistic possibility. I have seen cases where someone has been able to get a DWI charge reduced - it used to be public intoxication, but the current trend seems to be reckless driving or obstruction. I can tell you that is not going to happen in McLennan County. That doesn't mean it never happens, but it's going to be an extremely unusual situation where that occurs.
The assistant District Attorneys in McLennan are competent, and don't mind trying cases. Most of them are fairly young, and the reason why they went to the DA's office was to get a chance to try cases. The thought that prosecutors don't want to try cases is a myth in most cases - they don't mind trying them, and certainly aren't going to bend over backwards to avoid doing so. Prosecutors in McLennan County try more than a few DWI cases - and they know what they are doing.
The biggest difference btween McLennan county and other counties is in discovery. Most counties now provide copies of the offense reports - and most importantly the video. There are some places that have gone to providing that information online - Tarrant County seems to be at the front on this - they have a system where local bar members can log in and get copies without leaving their office. In McLennan County your attorney has to physically go to the District Attorney's office and review the file and the video. Copies of the video will not be provided, so you probably have to look at it several times. Because of the inability to obtain discovery many attorneys will request Administrative Law Hearings on the license suspension. DPS will send copies of the reports before the hearing, and a subpoena can be issued for the video. That must be done quickly - the ALR hearing must be requested within 10 days after you are arrested.
In McLennan County DWI cases are processed like any other cases. They are filed in one of the two County Courts of Law. When you are released on bond you will be given a date to appear in court. That date is basically an initial appearance. The purpose of the hearing is to find out if you are represented by lawyer, or if you are going to need appointed counsel. If you have hired a lawyer before the hearing date your lawyer will make an appearance for you, and you will not have to show up. You will be given a new court date, which will be approximately 60 days away. Before the next court you should have some idea of what you are going to do on your case - that is, whether you are going to enter a guilty plea or go to trial. If you decide to take the case to trial you will be given another date; this time for a pre-trial hearing. Any motions will be presented at the pre-trial hearing. Those motions could include a motion to suppress either attacking the initial stop or the tests performed.
In addition to hearing pre-trial motions the court will also a trial date. That is the date your case is scheduled for trial. In McLennan County DWI cases are no different from other misdemeanor cases - if you get a trial date your case will probably go. The docket is not so big that you have to wait for your case to move up the list.
Most of the time cases start on Monday. If the court is going to try more than one case you may start on Tuesday. The courts will rarely try more than two cases in a week. Pleas are done on Thursdays so the Court want to have trials finished before then.
The trial of DWI case is McLennan County is not much different than anywhere else. Most of the trials last no more than two days,and many are concluded within a day. As I said before the prosecutors here are competent, and know how to try cases. Since it's not a large county, the officers involved probably have testified before, so they know what to expect.
DWI cases are unique for several reasons. The most significant is that it is the only criminal offense established by an opinion. Whether or not someone is intoxicated is nothing more than an opinion, even when there are breath or blood test results. The second reason is the reliance on scientific evidence. Where a test is done, that is used to try and establish guilt. Other than blood tests though, the tests are not 100% accurate - breath tests rely on a series of assumptions that may or may not apply to the individual. In addition, there are a now a number of other tests whose reliability is questionable. What that all means is that you need a lawyer who understands those things, and can properly evaluate your case.
No matter county you are in, make sure you find a lawyer you can trust before you go into court.
