The end of July was very memorable for three of Chuck Lanehart’s Lubbock County DWI clients. All three were scheduled for a contested pretrial hearing and had put their lives on hold. As first time offenders without a criminal record, all three received pretrial diversions. Pretrial Diversion is different from deferred adjudication, and we have covered the topic in depth before. It is a very effective way to avoid a DWI conviction and doesn’t require a guilty plea or admission of guilt.
The client simply serves a term of probation not to exceed two years. The individual is usually required to complete an Alcohol Offender Program, and sometimes, the person is required to install an interlock on his or her vehicle. While an admission of guilt or a guilty plea is often required, it is
Under Texas law, if a person completes the terms of a PTD program, the case is dismissed and the person is entitled to an expunction in most cases, effectively erasing all records relating to the arrest.
College Students Arrested for DWI
Chuck‘s first client was an 18-year-old freshman college student who was arrested for DWI in October of 2019. Chuck gathered a large amount of mitigating evidence to convince the prosecutor to offer an 18-month pretrial diversion. Upon completion of the pretrial diversion, the young lady will be entitled to an expunction.
The second client was a 21-year-old senior college student who was arrested for DWI in October of 2019. Again, Chuck gathered a large amount of mitigating evidence to convince the prosecutor to offer an 18-month pretrial diversion. Upon completion of the pretrial diversion, the young man will be entitled to an expunction. While a DWI conviction can affect the life of a graduating senior, job prospects and future income, an expunction provides a fresh start and a reset.
Employed Professional with Health Risks
The final client was a 61-year-old employee of a railroad company, who was arrested for DWI in September of 2018. A DWI conviction on this individual’s record would result in getting fired and removal from the group health insurance plan. With multiple medical problems, this DWI case meant life or death for the defendant.
Chuck gathered a large amount of mitigating evidence and found legal issues in his client’s favor. Ultimately, the prosecutor was convinced to offer a nine-month pretrial diversion. Upon completion of the PTD program, the man will be entitled to an expunction.