Texas DWI Laws for Beginners

May 29, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Attorney Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

For Starters:

Everyone is presumed innocent and the police and prosecution must prove the case beyond all reasonable doubt… and that goes for DWI’s and DUI’s too.  Accused people are acquitted of DWI in Courthouses all over Texas every day.  Just because the Police believe something does not make it so.

The nuts and bolts:

Texas DWI law can be extremely complicated but we’ll start with the basics.  For more advanced discussions, you can read here, here, and here.

Tex.Pen.C. 49.04(a) makes driving while intoxicated illegal.  That provision says, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”

Tex.Pen.C. 49.01 (A) and (B) define “intoxication” as… “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a…

View original post 417 more words


Getting out of Jail on a Plano DWI Arrest

May 21, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(214) 724-7065 – 24 hour number

(972) 369-0577 – Office number

To get someone out of the Plano City Jail for a DUI or DWI arrest a bond needs to be paid to Collin County.  The problem is a bond needs to be set by a magistrate before it can be paid.  No bond = no release.  Plano may not bring the accused before the magistrate until the day following the arrest.

How a Lawyer Can Help:

An attorney assist you in getting a bond set through what is called a “Writ of Habeas Corpus” (sometimes referred to as a “Writ Bond.”).  Under local rules, a writ bond filed by an attorney will trigger a cash bond on a misdemeanor DWI (either a 1st or 2nd offense) which can be paid — and the person released immediately (assuming there…

View original post 212 more words


Physician – Patient Privilege in Criminal Cases

May 18, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Texas Rule of Evidence 509 governs the physician- patient privilege.  As with all privileges, it acts to protect communications that are confidential between a physician and a patient “relative or in connection with any professional services rendered by a physician to the patient.”

Tex.R.Evid. 509(b), however, practically negates the physician- patient relationship in criminal cases.  That section bluntly says, “There is no physician-patient privilege in criminal proceedings.”

The only small exception under 509(b) is that communications to any person involved in the treatment or examination of alcohol or drug abuse by a person being treated voluntarily or being examined for admission to treatment for drug or alcohol abuse is not admissible in a criminal proceeding.  This is obviously to encourage people who need help for substance abuse to voluntarily get help without recourse.

Police and/or prosecuting agencies can…

View original post 177 more words