An initially successful appeal of a DWI conviction was overturned by the Texas Criminal Court of Appeals. The issue at hand for a DWI case from Harlingen, TX in Cameron county was that of the Right to a Speedy Trial, as guaranteed by the 6th amendment of the US Constitution.
The DWI charges were not forwarded to the DA for more than a year after the man was arrested in March 2003. The original judge in the case denied the motion to dismiss on the speedy trial grounds. The defendant pleaded guilty at the time (October 2004). However, the 13th court of appeals overturned that conviction in Feb 2007, reversing the results of the plea.
The judge Texas Criminal Court of Appeals determined that the appeals court was incorrect in overturning the conviction after analyzing the 4 elements of a speedy trial violation claim: length of delay, reason for delay, assertion of the right and prejudice to the accused.
Appeals cases are a specialized area of the law. If you are facing a current DWI charge in Texas, please contact us for a consultation. Or if you are interested in appealing a DWI conviction, we can help you, but you only have a very limited time to challenge a conviction result via an appeal. so do not delay.
gilbert hernandez says
i had evidence of sleeping disorder. eve thou was honest to the police and my lawyer did not want me to stand trial.