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Criminal Law Resources:
Top Five Things You Should Know About Criminal
Law
DWI Fact Sheet
Probation Summary
DWI
FACT SHEET
IN TEXAS,
THE PROSECUTING ATTORNEY MUST PROVE EIGHT FACTUAL ISSUES BEYOND
A REASONABLE DOUBT IN ORDER TO CONVICT A PERSON OF DWI. USUALLY
THESE ISSUES MUST BE PROVEN BY TESTIMONY IN COURT BY AN EYEWITNESS
(NORMALLY ONE OR MORE POLICE OFFICERS) TO EACH FACT.
·
Probable Cause. The prosecution must prove that the police
had a reasonable suspicion that you were violating the law
before stopping you and reason to believe that you were intoxicated
at the time of arrest.
·
Who did it. The prosecution must identify the witness as the
driver. Normally this is accomplished by the arresting officer
testifying in open court by pointing at the accused and saying
"that's him".
·
That the accused was driving (or operating) a vehicle.
·
That the vehicle driven was a motor vehicle.
·
That it happened in a public place.
·
That it happened in a certain county, and in the State of
Texas.
·
That it happened on or about a certain day.
·
That the defendant was intoxicated, shown by either of two
methods:
that
defendant's alcohol concentration (blood, breath, or urine)
was .10 (.08 as of 9/1/99) or above at the time of driving,
or that
defendant did not have the normal use of his mental or physical
faculties by reason of alcohol, drugs, or any foreign substance,
or any combination thereof, introduced into the defendant's
body.
·
That the defendant was intoxicated while he was driving.
IF YOU
HAVE ANY REASON TO BELIEVE THAT THE PROSECUTING ATTORNEYS
CAN'T PROVE ANY ONE OF THESE EIGHT FACTS BEYOND A REASONABLE
DOUBT THEN YOU SHOULD GO TO TRIAL ON YOUR CASE.
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