I do not understand why these offenders are allowed 2 for 1 DWI2nds just because offender avoided/reset court dates for 2 1/2 years. He has 2 outstanding warrants DWI2nd and POM when arrested for a new DWI.Since the outstanding warrant cases were not convictions yet, he got a freebie DWI2nd. So I am supposed to feel beter knowing that NEXT time he is stopped or wrecks again DWI, THEN that one can be tried/classified as DWI3rd. It appears to me that he has all the perks! We have to worry if he may kill someone in his next DWI. A slap on the hand....I thought Texas was harsher on DWIs.
Look at Gibson v. State, 995 S.W.2d 693. In that case, defendant was convicted of two intoxication manslaughters our of one transaction. Later indicted for DWI 3rd with the two manslaughters as the priors. CCA distinguished the enhancement scheme in 12.42 from the DWI punishment scheme in chapter 49 and found that Gibson was properly charged for DWI3rd. Same should apply in your case. Defendant has two prior DWI convictions. Doesn't matter that the convictions were obtained on the same day or even in the same transaction.
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001