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  1. #1
    Join Date
    Dec 2006
    Posts
    1

    Default Three alcohol convictions in Texas

    I am 18. I got a MIC a year ago and did all the required things to get deferred adjudication in richardson. Then a month ago i got another MIC in san antonio. Then 2 weeks later I got a MIP in San Marcos. I just went to court for the San Antonio ticket and got $200 in a fine, 8 hrs community service, AA class, 90 probation, and got deferred adjudication. Now I have court this next week for my san marcos ticket.

    I wanted to know if the san marcos conviction would be my 3rd conviction or my 2nd conviction considering I had my first one deferred? should i get a lawyer to reduce my penalty? please give me advice ASAP

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: 3 alcohol convictions in texas

    Since you did not comply with the provisions of the deferred prosecution, you may have three convictions.

    You should ask the prosecutor the next time you go to court.

    You are, by the way, facing a whole lifetime of misery because of your alcohol use.

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: 3 alcohol convictions in texas

    Quote Quoting bhs00
    View Post
    I am 18. I got a MIC a year ago and did all the required things to get deferred adjudication in richardson. Then a month ago i got another MIC in san antonio. Then 2 weeks later I got a MIP in San Marcos. I just went to court for the San Antonio ticket and got $200 in a fine, 8 hrs community service, AA class, 90 probation, and got deferred adjudication. Now I have court this next week for my san marcos ticket.

    I wanted to know if the san marcos conviction would be my 3rd conviction or my 2nd conviction considering I had my first one deferred? should i get a lawyer to reduce my penalty? please give me advice ASAP
    It appears that the punishment that you recieved for your 2nd MIP, that you were charged as though it were your first (otherwise you would have recieved 20+ hours of community service).

    So, IMO, your 3rd MIP will be considered your 2nd.

    § 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
    (b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.
    (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by:
    (1) a fine of not less than $250 or more than $2,000;
    (2) confinement in jail for a term not to exceed 180
    days; or
    (3) both the fine and confinement.
    (d) In addition to any fine and any order issued under Section 106.115:
    (1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:
    (A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or
    (B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and
    (2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:
    (A) 30 days, if the minor has not been previously convicted of an offense to which this section applies;
    (B) 60 days, if the minor has been previously
    convicted once of an offense to which this section applies; or
    (C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
    (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
    (f) In this section:
    (1) a prior adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction; and
    (2) a prior order of deferred disposition for an offense alleged under this section is considered a conviction.
    (g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.
    (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
    (i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferred disposition or deferred adjudication.

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