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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90186
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I need to write a LoE for a class B misdominor for obstruction

Resolved Question:

I need to write a LoE for a class B misdominor for obstruction of a highway, the charge was reduced from DUI, how do I go About writing this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, what are you seeking to write? To whom? Please explain and no abbreviations please.
Customer: replied 2 years ago.

Test*

Expert:  Law Educator, Esq. replied 2 years ago.
We are here
Customer: replied 2 years ago.

I'm sorry my first reply got lost somewhere in the inter-webs, Just checking how the process worked.


 


I am a new Firefighter for the state of Texas. I am required to write a letter of explanation to the Texas Commission on Fire Protection for a Class B Misdemeanor that I received when I was 21 ( I'm 24 now) the charge was reduced from a DUI after a lengthily court battle in where they reduced the charge to where it sets now as obstruction.


 


My question is how should I format the letter and how should I enplane the situation ie. should I remain vague and write about the class B? or should I go into detail and write about the process of getting the charges reduced? whats the best way to go about writing that?


 


Id like to write the letter as eloquently as possible as i will be using it in future applications in the medical field as well.


 


Thanks for your response.

Expert:  Law Educator, Esq. replied 2 years ago.
You need to dispute the DUI in your letter and since you were reduced to the obstruction charge you need to focus on that charge and why it was obstruction. The letter needs to explain how you really were not DUI at all and you were over charged, which is why the court reduced your charge. Do not admit to anything involving alcohol and minimize that part of the incident.

No need in explaining how you got the charges reduced, you need to maintain that all you did was obstruct the road and that there was no DUI which is why you were not found guilty of DUI. There is no need to explain anything other than just the obstruction since that is what appears on your record as a guilty of obstruction, not DUI. It needs to be simple, not complicated and does not need to contain a long list of details, just focus on the obstruction only as much as possible.


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Customer: replied 2 years ago.

The charges were reduced but as for the obstruction I still received the same punishment as a DUI should I talk about the required counselling and community service as part of how I changed my ways to better myself?


 


I'm not quite how it was obstruction in the end as I was pulled over in a parking lot. so should I admit to what the DUI was when I went through the process ie. walk the line, and vision test, breathalyzer positive at .084 or should I leave all that information out and remain bland in the letter?


 


also I am confused what shows on a background check? Is it was you were convicted of or is it what you were arrested for? or boath?

Expert:  Law Educator, Esq. replied 2 years ago.
You want to minimize the sentence and the alcohol. As little as you say about the alcohol the better. You can describe how as a result of the misdemeanor what you learned to make yourself better, but avoid saying things like counseling or community service. The whole idea is you want to minimize this event

What shows on the background check is the arrest and the conviction. It will show DUI-dismissed or not guilty etc and it will show Obstruction guilty. However, that is not the issue here with your letter. Your letter needs to explain how the obstruction was just a youthful mistake and that as a result you went out and you learned what it means to positively impact the community and what you learned doing so.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90186
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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