Texas DWI- The 15 day ALR deadline
In Texas, you have 15 days after arrest to request an ALR hearing. You MUST request this hearing. It is not an option. Call a lawyer or request the hearing on your own then hire an attorney for the hearing.
What is an ALR hearing and why are they so important?
An ALR hearing is where a defendant challenges his driver's license suspension. The State has to prove that you refused, or failed, a valid request for a breath test.
The standard of proof at ALR hearings is very low. The State does not have to prove you are guilty of DWI beyond a reasonable doubt. Only that an officer had probable cause to stop you (traffic violation usually) and a reasonable suspicion to ask for a breath test (you smelled like alcohol, admitted to drinking, bloodshot eyes, slurred speech). These hearings are very hard for the defendant to win. So why have them? Preperation for the future criminal charge.
With an ALR hearing your attorney has the chance to cross examine the officer on all the details of the stop and arrest. These answers can and will be used against the officer in a future trial or pre trial hearing.
Getting to cross examine the officer early gives you the best chance to beat the DWI later. I have gotten great answers from officers including contradictions with the police report, many I don't remembers, and even officer admitting that my client was not inoxicated.
Armed with that information your attorney will be in a much stronger position to plea a case or try the case. It always helps.
What happens if you win at the ALR hearing. You get your license back and that's it. The State can, and usually will still file a DWI charge.
Labels: DWI
Comments
DATE: 7/24/07 6:24 PM
I'm with you, but as you well know, many people won't hire a lawyer because they can't afford it. I don't know how you feel about Public Defender offices, but prosecutors need to have to prove their cases, instead of scaring people into accepting a plea. Maybe if we had Public Defenders, more cases would survive on their merit, and bogus cases would be dropped. What do you think?
Posted by:
February 27, 2008 5:24 PM
DATE: 7/24/07 6:32 PM
We should not have consensual crimes. That is the single biggest change we could make to the criminal justice system.If the government is going to take your liberty they should provide an attorney.I've been a public defender, it is a tough job. Public defenders in Texas do not handle ALR hearings.
Posted by:
February 27, 2008 5:24 PM
DATE: 7/25/07 3:02 PM
I know public defenders don't handle ALR hearings. The point you were making was that you should request a hearing and hire an attorney for the upcoming trial or proceeding. The point I was making was that many people who are accused of DWI and could possibly win their case with a competent attorney cannot hire one
Posted by:
February 27, 2008 5:24 PM
DATE: 8/10/07 2:41 PM
This post has been removed by a blog administrator.
Posted by:
February 27, 2008 5:24 PM