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Can you use a pre-Sept. 1, 1984 DWI probation to enhance a subsequent DWI?

That, of course, is the date legislation went into effect prohibiting deferred adjudication for DWIs, and allowing DWI probations to be used to enhance later DWIs.

I could look up the question in the 'brary, but I'm sure there are a lot of folks on this board who know the answer. I'm hoping they'll save me the trip.

Thanks for any help.
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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Read Ex Parte Serrato, 3 SW3d 41 (TexCrimApp 1999) and see what you think. Probated before 1984 I don't think is usable. Straight time? Maybe so.
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
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Some of us were around in the 80's. You can't use a pre-84 probation to enhance unless it was revoked into a jail sentence.
 
Posts: 172 | Location: Georgetown, Texas, USA | Registered: June 05, 2001Reply With QuoteReport This Post
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