Looking for advice on Arrest Warrants

[recycled sixtie]

Well Hardflex you seem like a jolly good fellow and if it was me I would want to come and see you again and attend the court hearing and clear my name. Just don't offer him a drink.......

[Hugh R]

Originally Posted by GWN7

Not a lawyer, nor do I know Texas DUI laws but a DUI conviction (and they probably will convict him in absence if he fails to show) will get you bared entry to Canada (and several other countries). Best if he can get the lawyer to plead to a different outcome.

This is true. If you have a US DUI, you can travel to Canada, but they probably will turn you back at Customs, and if your return flight isn't for a week, you're kind of screwed. In today's information age, he needs to get this resolved if he ever wants to come back to the USA.

[Steve Carlton]

Originally Posted by hardflex

... they may be able to convene Court via Video Conferencing over the net...

For I second I thought it said Rodeo Conferencing...

[aigel]

Sounds like he got the wrong lawyer if the guy really thinks that you buddy will show up in TX from Europe for a first court date. The fact that you have to come ask us, is also not a good sign.

He needs to get an international lawyer. Someone that practices law in his country and in TX. Someone that is born and raised in his country.

He can't just call the first TX DUI lawyer. That guy will not have a clue, take his money and just pretend the client is local.

G

[GWN7]

Originally Posted by widgeon13

This sounds a little extreme. Is this in writing anywhere. I have some experience with this situation and have never heard of anyone being denied a border crossing or entry into Canada. Just curious, not trying to start an argument or debate on this.

There is a reality TV show called Border Security on the National Geographic Channel that follows several border crossings into Canada (real Customs agents being filmed) and a guy from the USA wanted entry into Canada and they denied him as he had a DUI case in progress. Not a conviction, he was pleading not guilty to the charge and they wouldn't let him in.

While I was at the border paying the taxes on the goods I was importing from the USA I overheard a truck driver loudly complaining to another truck driver that he was being denied entry to Canada because of a DUI conviction.

The USA has it's War on Drugs, well Canada has it's War on Drunks. Get caught smoking a joint and you will be denied entry into the USA. Get a DUI which may be a minor offence in some states and you will be denied entry into Canada.

Here's a list of reasons why you will not be allowed into Canada:
Safety and Security - Admissibility

"Other criminality They have, or there are reasonable grounds to believe they have, committed an indictable crime. "

In Canada DUI is both a Federal and Provincial Crime. DUI is under Federal law a indictable crime. So that is why a person will be denied entry.

Here is a list of Impaired Driving Charges and penalties in Canada: Impaired driving in Canada - Wikipedia, the free encyclopedia

Where I live a first offence will end up costing you about $5,000 and no driving for a year. My BIL got caught a couple years ago and that's what it totaled for him.

If you want more info, I would suggest emailing them mailto:contact@cbsa.gc.ca and ask them about it.

[1990C4S]

Originally Posted by imcarthur

I know a number of people that have been denied entry into the US but no, not into Canada, but that just might be circumstance. Usually a 20 year old drug conviction is the culprit but I am sure that the database isn't limited to that & a US warrant would pop right up. He should solve it legally.

Ian

This. It's not a trivial matter if the guy ever wants to return to the US for any reason. Or if he ever has a flight re-directed there due to weather etc.

A DUI will not prevent him from entering Canada. But that's not the issue here.

[mattdavis11]

I cannot answer what Texas might do with an arrest warrant if issued. There could be variables which could have or will escalate criminal charges beginning at a class B misdemeanor. If he had an open container, for instance, it escalates. Did he blow? Did he blow twice the legal limit? Did he refuse field sobriety and BAC tests? Was there a child in the car?

We don't know.

The state/county/judge/D.A. is going to want his money, that's a given.

He is now only at the cost of admission, $2500 to retain an atty. The typical 1st offense is going to cost the average Texan $15k after all is said and done for a first offense.

It all boils down to the discretion of the judge and the county atty. Some counties give a slap on the wrist, some nail your ass.

What county was the offense in? Tarrant, Dallas, Denton, Collin?

[stomachmonkey]

Originally Posted by mattdavis11

I cannot answer what Texas might do with an arrest warrant if issued. There could be variables which could have or will escalate criminal charges beginning at a class B misdemeanor. If he had an open container, for instance, it escalates. Did he blow? Did he blow twice the legal limit? Did he refuse field sobriety and BAC tests? Was there a child in the car?

We don't know.

The state/county/judge/D.A. is going to want his money, that's a given.

He is now only at the cost of admission, $2500 to retain an atty. The typical 1st offense is going to cost the average Texan $15k after all is said and done for a first offense.

It all boils down to the discretion of the judge and the county atty. Some counties give a slap on the wrist, some nail your ass.

What county was the offense in? Tarrant, Dallas, Denton, Collin?

Pull into the parking lot at work one morning. They have one of the woman from the office suite next door handcuffed and bent over the back of a cruiser.

She had forgotten to show up for traffic court a week earlier. Stop sign violation IIRC.

Tarrant.

[mattdavis11]

Tarrant county constables generally don't mess around with apprehension, they'll go at length to get your ass. The same can be said for Williamson county.

Dallas county is too busy to mess with it. They chase felons. They'll just rack up the penalty for late payment on class B fines until you're caught, or pay it off.

I've never had personal experience with a warrant, but once knew a few that have in the DFW area. Almost had a warrant issued in Denton county for a speeding ticket. Was granted defensive driving, took it online, but never received the appropriate paper work to present to the JP from the DD institution. The clerk gave me 10 days, or a warrant would be issued. The JP quizzed me as to why I hadn't secured the necessary requirements, and presented them to the clerk prior to the appearance. "It was a computer glitch, your honor". I wasn't lying, it was a glitch.

Denton, Collin and Tarrant counties don't fuch around.

Assuming this is a misdemeanor, it's an offense against the state which will be tried in a county court. Campaign contributions can go along way.