DWI defense
I'm writing this for my son he is in harris county jail for DWI. He is waiting to be given a court apponited attorney. Here is the question. THe police refused a to give him a breathilzer test. So the video is the only evidence the state has. Can he be present when his attorney veiws the tape?He says he passed all of the tests he was given and was still took to jail. I don't trust that the court appointed atterney should be the only person to veiw the evidence and advise my son if he should fight the charge.
Ken
2 Answers from Attorneys
Re: DWI defense
Based on what you have written and dependent upon whether your son was alleged to have committed DWI in Harris or Ft. Bend County, he will probably not be allowed to view the video due to his current custodial status. As for the court appointed attorney, if you have doubts about his/her ability, then you should really consider retaining private counsel for your son. If my local criminal defense law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for an initial consultation.
Re: DWI defense
Actually, at this stage of the proceedings, the attorney is the only one who is going to view the tape. He will get a copy, and your son can view it when he is out of jail and has access to a VHS or DVD player. In the meantime, if you don't trust the court-appointed attorney, retain one for him.
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