DRIVING WHILE LICENSE INVALID AND DRIVER’S LICENSE SUSPENSIONS
First and foremost, if your charge has been filed in a county court, Driving While License Invalid (DWLI) is not a mere ticket. Although DWLI can be charged as only a Class C Misdemeanor “ticket” (punishable by a fine only of up to $500), there are numerous ways in which this offense can and will result in your arrest and a Class B Misdemeanor punishable by up to 180 days in jail. For example, DWLI can be filed as a Class B Misdemeanor if you have a previous conviction for DWLI and are caught again driving on a suspended license, if you are caught driving on a suspended license in a vehicle that is not insured, or if you are driving with a license that has been suspended due to a DWI conviction. Our goal for all of our clients who are charged with Driving While License Invalid is not only to work out the best possible resolution to their case, but also to help them navigate their way back to being able to drive legally.
We understand that when a person has numerous suspensions and surcharges attached to their driver’s license it can feel like a problem that can never be sorted out. This is most often not the case, and we pride ourselves on getting our clients back to driving legally before our representation is complete. Regaining the ability to drive legally not only benefits you, but the State and all its citizens. This fact alone adds a tremendous amount of negotiating room in settling these cases. However, many variations exist, so it is imperative that you sit down – ideally for an in person interview – with a competent attorney. At Hinzman & Flory, our free initial consultation will include helping you determine what you must do to be able to drive legally, as well as give you a game plan for how we will represent you in your case. CLICK HERE FOR MORE INFORMATION
OCCUPATIONAL DRIVER’S LICENSES/IGNITION INTERLOCK LICENSES
Also known as an essential needs license, an occupational driver’s license allows a person to drive under certain restrictions during a period when their conventional driver’s license is under a suspension. If your license is suspended as a result of a DWI, you may be entitled to an ignition interlock license that allows you to drive any vehicle equipped with an interlock device, without restrictions on reasons for travel or driving time. Why risk being arrested for driving with a suspended license and a potential jail sentence along with additional suspensions and surcharges? Contact Hinzman & Flory for a free consultation to discuss your eligibility for an occupational license so you can driving legally while your license is suspended.
EXPUNCTIONS AND ORDERS OF NONDISCLOSURE
Expunctions involve the destruction of all official arrest and case records. Orders of Nondisclosure prevent records relating to an arrest and subsequent criminal case from being disclosed to the general public.
In general terms, Expunctions are available in cases of an acquittal (finding of not guilty) at trial, cases for which a diversion program was completed, cases never filed during the statute of limitations, filed cases later dismissed where the statute of limitations has now run, and, in some instances, when a filed case was dismissed and the statute of limitations has yet to run. The statute of limitations represents the period during which the State can file a criminal case – the length of time is particular to offense charged. An Expunction is not available following completion of court ordered probation or deferred adjudication for any offense above a Class C Misdemeanor (fine only offense or “ticket”).
An Order of Nondisclosure is a possibility for many offenses upon successful completion of deferred adjudication probation. However, unlike an Expunction, the granting of an Order of Nondisclosure is discretionary with the Judge and there are many limitations as to the types of offenses for which an nondisclosure order can be granted. In addition, there are waiting periods after completion of probation for numerous offenses before you can request a nondisclosure order . Despite these limitations, an Order of Nondisclosure can be a beneficial alternative to an Expunction for eligible cases.
One important fact to note is that eligibility for Expunctions and Orders of Nondisclosure has expanded over recent years. The law that applies is the law that is in effect when you petition for an Expunction or Order of Nondisclosure. Even if you are not eligible now you may be in the future, so it is important for you to keep checking in with us from time to time.
At Hinzman & Flory, our goal is always to seek a resolution of your case that will allow you to effectively seek an Expunction or Order of Nondisclosure so that you will be able to move on from the tough times you have endured during the criminal proceedings against you. Call us today for a free consultation.
EARLY RELEASE FROM PROBATION
Depending on numerous factors, you may be eligible for early release from community supervision (probation). If a judge determines that is in the best interest of society and the probationer, Texas law allows for early release from deferred adjudication probation at any point during the period of supervision, except in cases requiring registration as a sex offender. If you are on non-deferred adjudication or “regular probation” (probation with a conviction), you must complete one-third of your original period of probation, or two years, whichever is less, before a judge can consider reducing or terminating your community supervision. Furthermore, there are numerous offenses for which early release from regular probation is not available.
Schedule a consultation with us if you are interested in being released early from probation. We will meet with you free of charge to discuss whether early release is possible under the law in your case, and, importantly, whether or not it is worth pursuing. At Hinzman & Flory, our years of experience practicing in Denton County have taught us the particular positions of many judges on the issue of early release from community supervision and the most important factors they look at when determining whether or not to grant your request. During a consultation, we will explain to you everything we can about all of the numerous variables to be considered with your individual case so that you can make an informed decision about pursuing early release. Call us today.