THE LAW OFFICE OF
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CRIMINAL LAW

If you are facing criminal charges you need an experienced trial attorney at your side.  I can and will help you with anything related to, but not limited to, the following:
  • Felonies
    • Murder
    • Assault
    • Robbery
    • Burglary
    • Felony Driving While Intoxicated (DWI)
    • Drug Related Offenses
    • Any other felony
  • Misdemeanors
    • Driving While Intoxicated (DWI)
    • Drug Related Offenses
    • Assault
    • Theft
    • Driving While License Invalid
    • Any other Misdemeanor
  • Motion to Revoke/Adjudicate Probation
    • If you are currently on probation and may be brought back to court to address violations of your probation you need to call me as soon as possible.  When facing a Motion to Revoke or Adjudicate it is important to start getting caught up on all your obligations.  I will help you with that process.

I can also help you with separate issues that may arise following arrest, or with other options that may apply in your case.  The following are a few of those:

  • ALR Hearings (Administrative License Revocation)
  • Bond Reduction Hearings
  • Early Termination of Probation
  • Occupational/Essential Needs Driver's License
  • Orders of Non-Disclosure
  • Expunctions
If you were arrested for Driving While Intoxicated, and then refused to provide a breath specimen (at the jail, not the portable breath test on the roadside) or blood specimen upon request by an officer, or, if you provided a breath or blood specimen and the result was over the legal limit of .08,  your license can and will most likely be suspended by the Texas Department of Public Safety, unless you contact me immediately so we can fight the suspension!  If either of the above occurred during your arrest you should have been given a document titled Notice of Suspension/Temporary Driving Permit (click title to view the document).  This document allows you to drive for only 40 days.  Your license will then be automatically suspended on the 41st day after your arrest date, or the date you received the Notice of Suspension, and you will not be able to drive legally.  It does not matter whether or not your case is filed or ultimately declined by the District Attorney. This is because of what is called the Implied Consent Law. The law basically means that since the State gave you a drivers license you have consented to provide a breath or blood specimen if requested by an officer who believes you might be intoxicated.  
However, at the bottom of the same document it explains a procedure to contest the administrative suspension.  But, you only have 15 days from the date of arrest to request a hearing on that suspension, called an ALR Hearing.  Once the request is sent, generally via fax to insure quickest delivery and to have proof the request was sent in a timely manner, the Temporary Driving Permit will be valid until we have a hearing on the suspension, which could be well over 40 days. Then your drivers license will only be suspended if the judge decides your license should be suspended.  Many facts from the time of the arrest are considered.  Most of the facts are based on what the officer said and writes in his report regarding his observations of you.  We will discuss those factors at a meeting, or over the phone if we do not have time to meet up within the 15 day limit.    
If you do not send the proper paperwork to the proper agencies within the 15 days you will not be able to fight for your license and it will be suspended automatically on the 41st day after your arrest date. Call me ASAP after arrest so that we can request the hearing on time.  I will do what I can to fight for you and try to save your license from being suspended while your case is pending.  If you do not get in touch with me or any other attorney in time to request the hearing, please get with me about getting you an Occupational/Essential Needs Drivers License.  This type of license will allow you to drive to work, school, church, doctors offices, and to perform other essential household and personal needs.   
THE LAW OFFICE OF JAMES SMITH
T: 361-574-7170
F: 844-477-7308
JAMES@ATTORNEYJAMESSMITH.COM
One O'Connor Plaza
101 W. Goodwin Ave., Ste 920
Victoria, Texas 77901
criminal defense attorney, criminal defense lawyer, dwi, driving while intoxicated, assault, felonies, felony, misdemeanor, probation, motion to revoke adjudicate
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