Being arrested for a traffic violation, particularly charges like DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in Texas, can be an overwhelming experience. The immediate aftermath often involves posting bail and facing an arraignment, potentially even a preliminary hearing. If you’re in this situation, securing the assistance of a Houston Traffic Violation Lawyer familiar with Texas laws is crucial, regardless of where you are in the legal process. Even if you feel behind, it’s never too late to reach out to an experienced attorney at a firm like Sullo & Sullo.
It’s understandable to feel anxious and frustrated by a legal process that can seem lengthy and complex, leaving you uncertain about your future. However, understanding the steps involved can alleviate some of this anxiety. A key phase in a Texas traffic violation case, especially a DUI or DWI, involves pre-trial motions presented by your attorney. While the specific motions will be tailored to the unique details of your case, certain aspects of this pre-trial stage are common to most traffic violation cases in Texas.
Understanding the Pre-Trial Motion Hearing
The pre-trial motion hearing is a critical step in your traffic violation case. Present in the courtroom will be you, your Houston traffic violation lawyer, the judge, and the prosecution. During this hearing, both sides will present arguments. The judge’s role is to consider these arguments and make crucial decisions that will shape the trial. These decisions can include determining who will be allowed to testify, what evidence can be presented, and, in some cases, whether there is sufficient cause for the case to proceed to trial at all. The judge carefully evaluates the legal arguments from both the defense and prosecution before issuing rulings.
Types of Pre-Trial Motions in Traffic Violation Cases
Your Houston traffic violation lawyer plays a vital role in examining the circumstances surrounding your traffic stop and arrest. If there are grounds to believe that the initial stop lacked reasonable suspicion or that procedural errors were made by law enforcement, your attorney may file a motion to dismiss the case.
Suppressing evidence is often a central focus during the pre-trial motion phase. In traffic violation cases, particularly those involving DWI or DUI, the prosecution must demonstrate beyond a reasonable doubt that you violated the law. This requires solid evidence. For example, if your Miranda rights were not properly read upon arrest, or if breathalyzer tests were improperly administered, this could be grounds for suppressing evidence.
Alt text: Police officer administering a breathalyzer test during a traffic stop, potentially relevant to a traffic violation case.
Similarly, the conditions under which field sobriety tests were conducted can be challenged. If tests were administered on an uneven or slick surface, especially in inclement weather, the results may be unreliable. Pre-existing medical conditions that could have affected your performance on these tests or on breathalyzer results can also be brought to the court’s attention. Your traffic violation lawyer will work diligently to identify and highlight any inconsistencies or weaknesses in the evidence against you, aiming to expose flaws in the prosecution’s case.
Furthermore, your attorney may file motions to prevent certain individuals from testifying against you. In DWI cases, this can include challenging the admissibility of BAC (Blood Alcohol Content) results, arguing that the breath test equipment was faulty, improperly calibrated, or that the officer administering the test lacked proper certification or training.
Misdemeanor vs. Felony Traffic Violations in Texas
In Texas, the severity of traffic violation charges can vary significantly. For a first-time DWI offense, it is typically classified as a Class B misdemeanor. A second DWI conviction escalates to a Class A misdemeanor, and a third becomes a third-degree felony. It’s important to understand that even a first offense can carry significant penalties.
Certain circumstances can elevate a DWI charge to a felony, regardless of whether it’s a first, second, or subsequent offense. These aggravating factors include driving while intoxicated with a child under 15 years of age in the vehicle or causing an accident that results in serious bodily injury to another person due to your impairment.
Alt text: A damaged car after a traffic accident, illustrating potential consequences of serious traffic violations.
If convicted of DWI with a child passenger, penalties can include state jail time ranging from 180 days to two years, along with fines up to $10,000. Accidents resulting in serious bodily injury due to impaired driving can lead to even harsher consequences, including 2 to 10 years in prison, fines up to $10,000, and mandatory community service ranging from 160 to 600 hours. Facing felony traffic violation charges in Texas is a serious matter that demands experienced legal representation. The potential penalties are significantly more severe than those for misdemeanor offenses.
Seeking Expert Legal Help for Traffic Violation Charges in Harris County
Whether you are facing misdemeanor or felony traffic violation charges in Texas, the repercussions can be life-altering. Concerns about legal costs and finding the “best criminal defense attorney near me” are common and valid. It’s natural to have numerous questions regarding the potential consequences and the legal strategies available to you. Your primary goal, and that of a skilled Houston traffic violation lawyer like those at Sullo & Sullo, is to minimize the long-term impact of these charges and avoid a criminal record and jail time whenever possible.
Navigating the complexities of the legal system can be daunting, especially when dealing with the stress of traffic violation charges. Choosing the right Houston traffic violation lawyer is a critical decision. The outcomes achieved by attorneys for others in similar situations can be a valuable indicator of their capabilities. For instance, Sullo & Sullo’s recognition as a top-rated law firm in Houston demonstrates their commitment to client success. Regardless of the specifics of your traffic violation charges, having an experienced Houston traffic violation lawyer from a reputable firm like Sullo & Sullo can significantly improve the outlook of your case. Don’t hesitate to seek the legal help you need. Contact Sullo & Sullo today to discuss your situation and explore your options.
