Monday, June 1, 2009

More on the new DWI policy in Harris County

While I applaud Harris County District Attorney Pat Lykos' idea of offering pretrial diversion for first-time DWI offenders, I think she might have to rethink her proposal...

If our unlucky driver sucessfully completes a pretrial diversion and has his case dismissed and then hires an attorney to obtain an expungement, there would be no record of the DWI arrest. So if our unlucky driver is stopped again for suspicion of DWI, it would also be a first DWI.

1 comment:

Mark Bennett said...

That's easily dealt with: make it a condition of the diversion that the accused never apply for an expunction.