tag:blogger.com,1999:blog-8298837746880587541.post7603460629462830003..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Bill introduced that would end ban on deferred adjudication for DWI'sPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8298837746880587541.post-32869764412065288352011-01-02T18:30:40.064-06:002011-01-02T18:30:40.064-06:00This is very confusing after reading this:
What a...This is very confusing after reading this:<br /><br />What about the fact that a DWI deferred would not, for purposes of Texas criminal law, be a conviction? The only real effect of a deferred not being a conviction is that it is not available for enhancement, as a conviction would be, if the accused gets charged with something else. The supporters of DWI deferred have a plan to wire around that: “[I]f they do reoffend, it can be used to enhance their punishment,” says Tarrant County prosecutor David Alpert.<br /><br />http://blog.bennettandbennett.com/2010/12/another-bad-dwi-idea-in-austin.html#more-3397blanfearhttps://www.blogger.com/profile/02626960782305109365noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-43696947209403301212011-01-02T18:28:54.999-06:002011-01-02T18:28:54.999-06:00Paul sorry but after reading this I am really conf...Paul sorry but after reading this I am really confused:<br />http://blog.bennettandbennett.com/2010/12/another-bad-dwi-idea-in-austin.html#more-3397<br /><br />What about the fact that a DWI deferred would not, for purposes of Texas criminal law, be a conviction? The only real effect of a deferred not being a conviction is that it is not available for enhancement, as a conviction would be, if the accused gets charged with something else. The supporters of DWI deferred have a plan to wire around that: “[I]f they do reoffend, it can be used to enhance their punishment,” says Tarrant County prosecutor David Alpert.blanfearhttps://www.blogger.com/profile/02626960782305109365noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-77689108096496532552010-12-28T17:22:32.400-06:002010-12-28T17:22:32.400-06:00They can do it because that's what the statute...They can do it because that's what the statute says they can do. That's how domestic assault deferreds are treated. On the Class C side, alcohol offenses are treated that way.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-31913348042877613232010-12-28T13:32:38.948-06:002010-12-28T13:32:38.948-06:00Comment and question: Texas Criminal Code 42.12 S...Comment and question: Texas Criminal Code 42.12 Section 5(c): <br /><br />"...Except as provided by Section 12.42(g), Penal Code, <br />a dismissal and discharge under this section may not <br />be deemed a conviction for the purposes of disqualifications <br />or disabilities imposed by law for conviction of an offense..." <br /><br />My question is HOW can they use it for enhancement purposes after a person completes his or her probation???blanfearhttps://www.blogger.com/profile/02626960782305109365noreply@blogger.com