Charge
DWI - First Offense
Location
Bandera County, County Constitutional Court
Allegations
Stopped after an officer reported excessive black smoke from a diesel truck, the client was investigated for DWI. They admitted to drinking, refused a breath test, and a warrant blood draw was taken. We pulled the dash video, reports, and lab packet, then dug into the basis for the stop, the affidavit supporting the warrant, and the collection and handling of the two blood vials. We highlighted the absence of a breath result and pressed weaknesses in the state's proof. Facing that pressure, the prosecution agreed to reduce the charge.
Result
Charges Reduced
Charge
Duty on Striking an Unattended Vehicle
Location
Bandera County, County Court
Allegations
After a minor contact with a parked car in a store lot, the client got out, checked for damage, waited several minutes, then left when no one appeared. Days later law enforcement made contact and a misdemeanor case was filed for failing to leave information. We engaged early, coordinated with the court, and requested the evidence, including any video and reports. We documented that the other driver’s repairs were covered by insurance and emphasized the client’s cooperation. Using restitution and intent as leverage, we negotiated deferred adjudication.
Result
Deferred Adjudication
Charge
Unlawful Carrying of a Weapon
Location
Bandera County, Bandera County Court
Allegations
Our client was stopped for a traffic infraction and ended up charged with unlawful carrying after officers searched the vehicle and found a firearm. The gun was unloaded, unchambered, and secured in a case under the trunk panel. We obtained the dashcam and reports, challenged the basis for extending the stop into a search, and argued the facts did not meet the elements of unlawful carry given the weapon’s location and condition. After we pressed those issues and prepared to litigate, the prosecution dismissed the case.
Result
Case Dismissed
Charge
Burglary of a Habitation
Location
Bandera County, 198TH DC
Allegations
Police linked our client to a late night entry into a private property after an earlier encounter, later finding miscellaneous items in the vehicle. The client had been off prescribed medication, was in crisis over a family matter, and had little memory of the events. We gathered treatment records, documented years of sobriety, and showed immediate willingness to pay restitution. We highlighted the lack of purposeful planning and the client's cooperation after contact. After sustained negotiations, the prosecution agreed to deferred probation.
Result
Deferred Adjudication
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