Asked 6/17/2016 – Fort Worth, TX

I took a plea for 2 yrs state jail or 5 probation on a dwi w/child under 15. There where circumstances that provoked me to leave with my child from a dangerous situation. I parked and was later arrested asleep in my truck on the side of an unfamiliar road .

Answer

A reduction of a felony under Article 12.44 (a) or (b) of the Texas Code of Criminal Procedure must be a part of the plea bargain. This must be offered by the District Attorney (you can’t ask the Judge for 12.44 in an open plea; it must be agree on). If you plea has already been entered, you would have to file a motion for new trial and set aside the plea that was entered. I doubt, however, that your request will be successful if the 12.44 was not originally offered by the DA.