By Jeff Kennedy
Yes you can have a DWI dismissed in Tarrant county, but it’s more likely to have your charges reduced, or getting probation. The end result is a win because you exchanged one set of charges for another which have lesser consequences.
For any crime, your goal should be to win. In the legal world this means you have avoided a conviction, and the following consequences (jail time, fines, and more).
Keep in mind that a case dismissal or having your case thrown out of court is extremely rare in Texas. The circumstances have to be perfect in order for that to happen, and these types of mistakes rarely happen in Tarrant County, and surrounding areas.
Choosing The Right DWI Defense Will Make A Difference
If you are hoping to have your DWI dismissed, you need to choose carefully. For example, you do not want to choose an attorney that handles traffic tickets, divorces, and DWI cases. Instead, you need a criminal defense lawyer with DWI specific experience. With the right choice, you will have picked an attorney with the skills needed to dig through your case and find the evidence to have it negotiated to a lesser charge or outright dismissed.
Our Fort Worth DWI attorney Jeff C. Kennedy has the experience you are looking for. He has had 100s of case wins defending clients facing DWI charges, and he knows how to significantly improve your chances of securing a favorable outcome.
Here Is How A DWI Charge Gets Dismissed In Tarrant County
If a dismissal is possible, it will be due to the facts surrounding your case. If your attorney is not skilled or has deep knowledge of Texas DWI Law, it will become very unlikely that he can help you achieve the win you are hoping for.
Here are some defense strategies that can be used to have your case dismissed, or any other positive outcome:
- Questioning if the officer lacked probable cause for the arrest : If law enforcement did not have a valid reason to stop you, any evidence obtained may be suppressed.
- Insufficient Evidence: The prosecution must prove intoxication beyond a reasonable doubt. Weak or inconclusive evidence can lead to dismissal.
- Questioning the legitimacy of field sobriety tests: If test procedures were flawed, results may be inadmissible
- Violation of Constitutional Rights: Unlawful searches, failure to read Miranda rights, or coercion can result in case dismissal.
- Medical or Other Defenses: Certain medical conditions can mimic signs of intoxication or cause false positives.
- Testimony of other witnesses to the arrest: A witness can provide alternative perspectives that challenge the officer’s account and create doubt about the prosecution’s case.
- Questioning other procedural issues: Failure to follow proper arrest procedures can be grounds for dismissal.
As discussed above, if the case has a clear defense, your next step will be to choose an attorney who knows how to deploy these defense strategies on your behalf.
When A Dismissal Is Possible During The Court Process
A DWI case may be dismissed at various stages in the legal process. Understanding when and how is crucial for defending a DWI case:
- Pretrial Motions: At this stage, your attorney can create an argument surrounding legal violations pertaining to evidence. The prosecution may drop charges at this time.
- Plea Negotiations: Your attorney may negotiate with the prosecutor to DWI charge dismissed if you plea to a lesser offense, such as reckless driving.
- Trial: Your attorney can use various defense strategies surrounding evidence, your rights, and witness testimony to have the case dismissed in trial.
A DWI Case Dismissal Is Not The Only Way To Beat A DWI Charge
There are several other ways to reduce the impact of a DWI conviction:
- Probation: Instead of jail time, you might be placed on probation, which often includes community service, alcohol education, and regular check-ins with a probation officer. A failure to complete probation will often result in a conviction and penalties.
- Reduction of Charges: If your attorney negotiates a plea bargain to have your charges and penalties reduced. An example would be reckless driving rather than a DWI.
- Expungement: If your case was dismissed, you may be eligible to have the DWI charge removed from your record.
- Non-Disclosure (Sealing the Record): If you complete deferred adjudication, you can try to seal your record, which will prevent employers from seeing the arrest.
Choosing The Right Attorney Jeff C. Kennedy
When you choose an attorney, you want to make sure they review your case in detail, ask the right questions, and discuss strategies that can be used to achieve a case win. If you choose Jeff C. Kennedy, you can rely on him to:
- Challenge the evidence presented by the prosecution.
- File motions to suppress unlawfully obtained evidence.
- Negotiate with the prosecution for a dismissal or reduction of charges.
- Represent you in court and fight for the best possible outcome.
When you’re facing DWI charges, there’s far too much at stake to go it alone. You’ll likely need the help of an experienced DWI lawyer if you’re going to give yourself a fighting chance. At The Law Offices of Jeff. C Kennedy, we know what it takes to fight DWI charges in Fort Worth, Texas, and we could help you clear your name.
Jeff defends clients across Fort Worth, North Richland Hills, Arlington, Tarrant County and surrounding areas.
Call 817-605-1010 or fill out the form below to schedule your free consultation.