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Registered
Join Date: Sep 2002
Location: dfw tx
Posts: 3,957
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Looking for advice on Arrest Warrants
A friend of mine from Europe came to town for a visit last year and before he left he got a DUI and was arrested. He's now back home in Europe.
He hired a lawyer to represent him here. He is supposed to appear before the Court in Dec., a rather expensive trip just for a court date. Texas law calls for mandatory 21 days in jail for a first offense, too (which this is). He is considering not appearing which would of course generate an arrest warrant here in Texas. He says he will avoid coming to Texas again. But he does have occasion to want to visit in the States again. I suggested that if he were to fly to New York, there's no way he would be arrested and extradited to Texas based on the nature of the crime. But that is by my reasoning, the reality may be different. I have no experience at all with DUI's in my family so I'm sorta clueless. Anybody have suggestions on this? Thanks in advance.
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10-23-2013, 10:58 AM
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"O"man(are we in trouble)
Join Date: Nov 2005
Location: On the edge
Posts: 16,452
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Not a lawyer but imagine that DUI is a misdemeanor in TX. I'm guessing the only thing that would actually show upon entry would be a felony warrant.
I also did not stay at a Holiday Inn last night. |
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10-23-2013, 11:23 AM
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Slackerous Maximus
Join Date: Apr 2005
Location: Columbus, OH
Posts: 18,184
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Texas is not going to bother extraditing him over a DUI. But he should make every effort to get it resolved. His lawyer might be able to get him off on a lesser charge with a fine. He best have a good story as to why he can't appear.
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10-23-2013, 11:28 AM
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I didn't stay at a Holiday inn last night either, but couldn't his lawyer plead it down to something with a hefty fine but no jail time? I mean, better to have some $$$ paid than a guy who is never going to serve his sentence.
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10-23-2013, 11:30 AM
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Join Date: Jan 2004
Location: Texas
Posts: 11,257
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21 days..really..
have yet to hear of someone having to serve that.. overnight sure..as long as nobody got hurt.. it's about $$... his lawyer can probably get it knocked down to .. Obstructing the Hwy.. that's the latest gimmick.. folks know DUI/DWI.. this flies right past folks when viewing your driving record.. BTW he need'n fear his Pic being posted in our Post office's.. I'd let the lawyer do the dance.. Rika |
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10-23-2013, 11:41 AM
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canna change law physics
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20+ years ago, one of my buddies was arrested outside Dallas by a Deputy and charged with:
"Public Intoxication aggravated by Motor Vehicle" This way, the County would get the entire fine. And he wouldn't have a DUI on his record. Everybody wins...
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James The pessimist complains about the wind; the optimist expects it to change; the engineer adjusts the sails.- William Arthur Ward (1921-1994) Red-beard for President, 2020 |
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10-23-2013, 11:45 AM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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Poker buddy of mine got arrested lat year coming back from Canada on a misdemeanor warrant issued out of Virginia. He's never been to VA. They had the wrong guy but it screwed up his weekend and made him look bad as he was on a business trip with colleagues when they hauled him off.
TX does not screw around with warrants. If he comes in country anywhere and they run him at customs he will likely get arrested. If this court date is just to enter a plea he probably gets away with not showing as long as the layer shows up. It's not like he is blowing it off because he knows they won't come get him. And you can get probation for 1st time DUI in TX. Will cost him $$$$ though. His lawyer should be advising him and if you suspect he's getting bad advice you should find him another attorney..
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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10-23-2013, 11:48 AM
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Quote:
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10-23-2013, 11:53 AM
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Registered
Join Date: Sep 2002
Location: dfw tx
Posts: 3,957
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Pretty sure if it was just a matter of paying a fine he would certainly do it. He already paid $2500 to the lawyer.
quick google search turned this up. What are the penalties for a DUI in Texas? 1st Offense Minimum Jail 3 to 180 days Fines and Penalties Up to $2,000 (unless a child under 15 is in car) License Suspension 90 to 365 days If I were a judge I would take what money I could and let him stay in Europe. I'm surprised to hear they might pick him up when he entered the country for a misdemeanor
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72 914 2056: 74 9146 2.2: 76 914 2.0 Last edited by hardflex; 10-23-2013 at 12:09 PM.. |
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10-23-2013, 12:00 PM
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Join Date: Jan 2004
Location: Texas
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what's sad..
other long term visitors get these all day long & often several times.. and get squat.. other than a pat on the back.. his lawyer is playing with him and the fact he's over there.. it should be a chat between him and the Pros and then.. $$$ will get you this.. and for $$ we can do this or that.. Rika |
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10-23-2013, 12:13 PM
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Registered
Join Date: Jun 2002
Location: Winnipeg, MB, Canada
Posts: 3,963
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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.
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Bunch of old cars 
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10-23-2013, 12:14 PM
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The Unsettler
Join Date: Dec 2002
Location: Lantanna TX
Posts: 23,885
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Quote:
Once got a drinking in public ticket. Go to court. Plead guilty. Judge says "Ok that's $75 or 3 days. I said, "I'll take the $75" She gives me a dirty sideways look and says "I wasn't giving you a choice" I shut my mouth.
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"I want my two dollars" "Goodbye and thanks for the fish" "Proud Member and Supporter of the YWL" "Brandon Won" |
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10-23-2013, 12:59 PM
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Registered
Join Date: Jun 2000
Location: bottom left corner of the world
Posts: 22,765
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Maybe have a bit of fun with him and remind him Texas has the death penalty.
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10-23-2013, 02:18 PM
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RETIRED
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Lawyer might be able to get house arrest in his native country if the local jurisdiction has a monitoring system.
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1983/3.6, backdate to long hood 2012 ML350 3.0 Turbo Diesel |
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10-23-2013, 02:30 PM
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canna change law physics
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Quote:
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James The pessimist complains about the wind; the optimist expects it to change; the engineer adjusts the sails.- William Arthur Ward (1921-1994) Red-beard for President, 2020 |
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10-23-2013, 02:55 PM
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Cogito Ergo Sum
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Quote:
 He better hope there weren't 3 credible witnesses.
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10-23-2013, 03:02 PM
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canna change law physics
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James The pessimist complains about the wind; the optimist expects it to change; the engineer adjusts the sails.- William Arthur Ward (1921-1994) Red-beard for President, 2020 |
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10-23-2013, 03:31 PM
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"O"man(are we in trouble)
Join Date: Nov 2005
Location: On the edge
Posts: 16,452
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Quote:
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10-23-2013, 03:57 PM
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Used Up User
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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
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'87 Carrera Cab ----- “Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.” A. Einstein ----- |
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10-23-2013, 04:09 PM
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Registered
Join Date: Sep 2002
Location: dfw tx
Posts: 3,957
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His lawyer is working on it and they may be able to convene Court via Video Conferencing over the net. That's good.
Thanks for the advice everyone. I sent him a link here and he's read the thread. It is much appreciated.
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10-23-2013, 04:38 PM
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