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MyraB, Lawyer
Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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I was pulled over and arrested for a DWI in January in College

Resolved Question:

I was pulled over and arrested for a DWI in January in College Station, TX. I am 22 and a student at Texas A&M. My license was suspended after 30 days. This past memorial day, I decided I would go home to visit my family and on the way home I got pulled over in a speed trap (for speeding obviously). It was my first Driving While License Invalid offense and the court date for my DWI is not even until next month, so the case is not even confirmed. I currently have an attorney for my DWI case and she is encouraging me to fight it since they took me to jail on the first offense. It was in fact that first time I had been charged with a DWLI and they arrested me without question, not even considering the fact that I was just simply driving home to my family (also searched my car, and there was nothing found.) I could really use some advice.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.
Hello. It will be my pleasure to assist you with your question today.

What is it specifically that you would like information about? The DWLI, the interplay between the offenses, the search, what the penalties are? Experts are not permitted to give general advice, but we can provide information to address issues and concerns.

Please let me know what you are asking or want to know. Thank you.
Customer: replied 1 year ago.
I am sorry if I did not specify enough. I want to know what the valid penalty is for driving while license invalid (first offense) just a ticket??? Or arrest? In the situation of a PENDING (but not finalized) DWI case which is why it is suspended in the first place. I just want to know if I should have just gotten a ticket, or if it was necessary to take me to jail for DWLI first offense.
Expert:  MyraB replied 1 year ago.

Thank you for the clarification. I don't mean to limit you. You can ask as many questions as you want. I just need to know what they are so that I can provide the information you seek.

Under sec. 521.457 of the Texas Transportation Code, DWLI is a misdemeanor punishable by (1) a fine of not less than $100 or more than $500; and (2) confinement in a county jail for a term not less than 72 hours or more than six months. It is an arrestable offense. The police have discretion to arrest or give notice to appear in court. So, it was not necessary that the police arrest you, but they had the authority to do so.

Please feel free to ask any follow up questions.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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