Why Didn’t I Get a Ticket?
As a DWI defense attorney in Fort Worth for the past 17 years, I have heard many questions. However, the most popular question I hear relates to the initial traffic stop. In most cases, a person is arrested for a DWI after the officer makes a traffic stop, and believe it or not officers are just itching to stop your vehicle after 10 p.m. because that is when the majority of DWI drivers will be on the road.
However, in most cases the driver will not receive a traffic ticket for the traffic offense that started his nightmare. Why? There is no right to question the officer before trial as you might in a civil case.
Therefore, if you did receive a ticket, a smart lawyer would set the traffic ticket for trial and use that venue as a means of questioning the officer, under oath, prior to trial. The smart lawyer would then get a copy of the transcript from the traffic trial, and use that transcript against the officer at the DWI trial that would occur some time later. Smart officers know this too, so they do not issue the ticket.
However, really smart lawyers use other venues to accomplish the same thing – questioning the officer under oath prior to trial. At the Law Office of Paul Previte I use the ALR or Administrative Hearing to question the officer prior to trial. This is why it is crucially important for you to contact an attorney withing 15 days of the date of your arrest (or when you receive notice of your suspension). If you don’t, you lose your right to the hearing to save your license.
If you have questions, contact me at (817) 335-4357 for your free consultation.
