TDCAA    TDCAA Community  Hop To Forum Categories  Juvenile Law    juvenile Adjudication used to enhance adult DWI
Go
New
Find
Notify
Tools
Reply
  
juvenile Adjudication used to enhance adult DWI Login/Join 
Member
posted
May I use a juvenile adjudication for DWI to enhance an Adult DWI to a 2nd??

Katherine McAnally
 
Posts: 30 | Location: burnet, texas | Registered: July 21, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Long answer...Generally a juvenile adjudication is not a conviction (Family Code 51.13) so if the statute you are trying to enhance under says a conviction is necessary then you are out of luck, unless the statute redefines what a conviction is like 12.42 (f) does for some habitual enhancements.

See the short answer was better Wink
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Just off the top of my head, the juvenile has to be sentenced to TYC before their adjudication can be used as an enhancement even under the limited purposes of 12.42. And it has to be for a felony offense.

There would have to be a special statute dealing with DWIs to get where you want to go. (Kind of surprised there isn't considering the big anti-DWI push over the last decade)
 
Posts: 137 | Location: Corsicana, TX | Registered: May 10, 2003Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Juvenile Law    juvenile Adjudication used to enhance adult DWI

© TDCAA, 2001. All Rights Reserved.