What do you do with cases previously filed as DWIs that should have been appropriately charged as a lessor offense (PI, Reckless Driving) because the evidence only supports the lessor charge? I know PI & Reckless Driving are notlessor includes because the elements required for those offenses are not required elements under 49.04. Reducing sounds less weak than an outright dismissal/recharge, but I do not see any alternative.

[This message was edited by Waco on 01-05-08 at .]

I have seen dismiss/refile and I have also seen agreed amendments to the information. My judge prefers the dismiss/refile method.

We always dismiss and re-file - much simpler