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  1. #1
    Join Date
    Oct 2016
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    Southeast Texas
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    9

    Default Motion to Revoke Probation for Felony DWI Violations

    My question involves criminal law for the state of: Texas

    What is the likely outcome/sentencing of someone who has a warrant out for his arrest and the DA has filed a Motion to Revoke Probation for the 2nd time during this one probation period, for violating the terms of his Felony DWI probation? First was in April of 2013, the 2nd is this month. It's a 5 year probation period. Is jail likely, or just another slap on the wrist? I know the outcome could vary from judge to judge, but I'm curious, as this person has haunted me for 2 years now.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Motion to Revoke Probation for Felony DWI Violations

    It will depend upon the policies of the court, the position taken by the prosecutor, the original charge, the nature of the alleged violation, along with other relevant facts. The chances of incarceration go up with each conviction for a probation violation, but nobody can give you a meaningful number in the abstract.

  3. #3
    Join Date
    Oct 2016
    Location
    Southeast Texas
    Posts
    9

    Default Re: Motion to Revoke Probation for Felony DWI Violations

    There's a list of 11-12 violations on the court doc that I found in public records, some are not paying fees, two are leaving the state and being pulled over/arrested when he's supposed to remain in his county and not reporting an auto accident out of state, one is not attending AA meetings as required, one is not having the breathlyzer installed in the manner the original court document stated, one is not completing community service, and one is not completing the DWI Intervention class that was ordered. That may not help with a prediction any, but that's what they have so far. I did call the probation office this afternoon and report that he continues to drink and mix pills with alcohol, still goes out in public and drinks, has left the state several times (that weren't listed on the recent warrant) for work and play, and that he falsified a past AA log. Maybe that will do good, maybe it won't.

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