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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 482
Experience:  Attorney and Counselor at Law
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I was arrested on 2-5-16 an outstanding warrant

Customer Question

I was arrested on 2-5-16 for having an outstanding warrant for a DWI/DWLI on June 10, 2011.
I was never incarcerated for this offence, I never took a blood test or a breathalyzer for this offence.
I contacted the Police Department (Fulsher PD, Fulshear, TX) on 6-11-10 and was told that I did not have to take any further action.
I never received a summons, nor was I ever served a warrant. I was employed by a company that checked my driving record prior to employment and was told I had no offenses listed on my report.
My court date is tomorrow morning. Any suggestions
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 7 months ago.
Hello. I will help you with your questions. I have been an attorney for 26 years and I was a prosecutor for 9 years. When you were stopped on June 10, 2011, did you refuse a breathalyzer? If so, you can still be charged with DWI and the refusal can be used against you in court. Did the police have you sign anything? Another question, is your driver's license suspended? This would be automatically suspended for 2 years if there was a refusal to to do the breathalyzer or take a blood test.Someone how this case was filed against you. I am wondering if mail may have been sent to you while you were in the hospital and you never got it.
Expert:  Colleen Grady replied 7 months ago.
I am thinking that the police case against you may be weak. There are no breathalyzer results, no blood test results and this was almost 6 years ago. The DA will have to rely on the memory of a police officer from 6 years ago to prove the case against you. I do think you need an attorney because this is a serious charge and you are facing. If this is a first offense, it is a misdemeanor and you could face the following penalties:A fine of up to $2,000Three days to 180 days in jailLoss of driver license up to a yearAnnual fee of $1,000 or $2,000 for three years to retain driver licensePlease let me know if I can help further. I will be happy to answer more questions. If you are satisfied with my help, please rate me.

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