TDCAA Community
Amending DWI Indictment

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9287060906

December 12, 2012, 11:01
Tanya Davis
Amending DWI Indictment
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?
December 12, 2012, 13:07
Shannon Edmonds
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)