Can I get My DWI dismissed?
Dismissals of DWI arrests in Collin County, Texas RARELY happen. Even if you blood or breath sample is under the legal limit the Collin County District Attorney rarely dismisses DWI charges. In Addition, Collin County does not reduce DWI charges to other offenses like the surrounding counties in the DFW metro area.
What is a Pre-trial Dismissal?
A pre-trial dismissal happens after your case is filed but before you set your case for trial. In Collin County, these are the rarest form of dismissals, especially for a DWI charge. Typically, a pre-trial dismissal will occur on if the state has a problem with the arresting officer such as he or she gets fired, quits the force and moves or is charged with a crime.
What is a Trial Phase Dismissal?
Trial phase dismissals occur AAFTER you set your case for trial. The overwhelming number of dismissals in Collin County occur AFTER you set your case for trial. There are numerous reasons for a Trial phase dismissal which include:
- A witness is unavailable;
- An officer is scheduled to testify in another trail;
- An officer is in training or unavailable;
- The district attorney has an evidence problem;
- There is a problem with the arrest of stop of the accused;
- The district attorney failed to prepare for the trial. The district attorney has to prepare for 5 to 10 trials in every court, every week. Sometimes they are not ready;
- The officer or a material witness testifies incorrectly at trial.
The bottom line is that dismissals rarely happen at the Pre-trial phase of a criminal case because during that phase the district attorney does not have to prove anything or produce any witnesses. You either accept the plea bargain or reject it.
Once you reject the Pre-Trial plea bargain, then all the power shifts toy you, the citizen accused. Once you set your case for trial the district attorney has to prepare for trial, subpoena witnesses and get them to court, properly produce evidence to be admitted and select citizens to serve as jurors.
Forcing the district attorney to do the above sometimes will force the district attorney to dismiss your DWI instead of risking a not guilty verdict because of a problem with the DWI case.