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I am new at this. I see a DWI cse that I really would not like to risk before a jury and can not get a plea to the DWI but could get a plea to a different offense like Obstruction of Highway or Deadly Conduct. Can this be done by adding a second count to the Information without a new Complaint by the officer or is it necessary to dismiss the DWI and file a new case with a new Complaint and a new Information? The defense attorney, of course, would be agreeable.
 
Posts: 3 | Location: Graham, Texas, USA | Registered: January 24, 2009Reply With QuoteReport This Post
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You can go either way. An agreed amendment for a second count should work if you want to do it that way. Or you can refile the case under another charge and dismiss the first information after the plea is done.
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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