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The DA's Office indicted a defendant for a DWI 1st and the District Court transferred the case to the County Court at Law. The blood results were a .201 and I want to amend the indictment to charge the defendant with the Class A offense of DWI with a BAC > .15. Can I, the County Attorney, amend the indictment, or will I have to dismiss and re-file?
 
Posts: 19 | Location: Gainesville, Texas | Registered: June 09, 2003Reply With QuoteReport This Post
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I don't see why not. You're the attorney for the state in the case, regardless of how it got there. Amend away! (subject to CCP 28.10, of course)
 
Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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