When a driver has been arrested for driving while intoxicated in Texas, often the process is relatively straightforward. Most people charged with this offense have no prior DWI offenses, and there are no aggravating factors. An example of an aggravating factor is when the driver causes property damage, such as colliding with another vehicle, or hitting a building or a traffic light. Having an experienced attorney in Rockwall, TX, for legal representation is essential.
Conviction of DWI and causing property damage results in harsher penalties than would otherwise be the case. There is a greater risk of being sentenced to a period of jail time and a steeper fine. In addition to the criminal side of the case, the civil aspect also has a role. The person can be held responsible for restitution of damages if a civil case is filed, or a judge may order this in the criminal case. For example, a homeowner has the right to expect the person who damaged the house to pay for repairs.
The reason prosecuting attorneys focus more intently on cases with aggravating factors is because the driver has shown an elevated amount of negligence or recklessness above and beyond driving while intoxicated. Some 40 percent of vehicle accidents resulting in a fatality involved a drunk driver behind the wheel, so prosecuting attorneys are especially vigorous when they recognize signs of more serious behavior on the part of the intoxicated driver. Being able to successfully fight the charges typically requires a DWI attorney in Rockwall, TX.
A firm such as the Law Offices of Tim Hartley makes every effort to convince the prosecution to drop or reduce the charges, or to convince a judge to dismiss the case altogether. If this cannot be done, the attorney will concentrate on making sure the client receives the lowest penalty allowed by law. This is critical to help people avoid any lengthy incarceration period, maintain its freedom and be able to legally drive again as soon as possible. Visit the website for information on criminal defense for a DWI in Texas.
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