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If I plea guilty to an obstruction of highway charge and get one year probation, What come with the probation?
Anonymous2 views1 answers
I was arrested for DUI even though I wasn't driving at the time nor was I drinking. I had called the police to escort my wifes cousin out of the house because I did not want him there. The officer said he smelled alcohol on my breath and called DPS to do a subrity test. I did the field test but the DPS officers breathalizer machine was broken so he took me to jail where I was to submit to a blood test. The put me in a cell and forgot about me. So no test was ever taken. I have a lawyer but he isn't sure how a jury will react to my word against the officers. I was not drinking nor driving but I am worried that jurrors always side with officers. Should I take the plea or go to trial? It has been over a year and now that it is time for trial they want me to take this plea. What should I do?
Peter Andrew SchulteCriminal Defense AttorneyDallas, TX ·
I would ask you lawyer about the options you have. It sounds like a very winnable case in front of a jury, but I have not seen any of the alleged evidence.
In most counties, a plea to an "Obstruction of a Highway," a Class B Misdemeanor, results in a deferred probation. This means that you are not convicted of any crime if you complete the term of probation successfully. In essence, the case gets "dismissed" after you complete DEFERRED probation. For an Obstruction charge, you can then get the case "Sealed" using an Order of Non-Disclosure after two years from the date of discharge from probation.
Most counties require the same classes for an Obstruction as for a DWI, which includes a 12-hour DWI Education course and a four hour MADD Victim Impact Panel (VIP). You also will be required to pay a fine, pay probation costs, perform community service hours, plus any other conditions required by the Judge.
Best advice is to listen to your lawyer - they should know what is best for you in the particular county/court where the charge in pending. If your lawyer isn't providing the answers you need, perhaps you need to find one that will answer your questions. After all, a DWI conviction is for life!
