January 28, 2016

Asked 1/26/2016 – Orange, TX

I got a dwi felony and was in the driver’s seat, but not driving and the engine was off with no key in ignition. I moved to the driver seat to steer wheel while a stranger pulled me & child out from being stuck in mud. Baby’s father was the driver, and he fled the scene.

Answer

The State of Texas has the burden of proof to prove the charges against you beyond a reasonable doubt; you don’t have to prove anything. If you are asking what evidence you could present to help with your case, other than your testimony, it would be the driver of the car. Whether he will step up and take responsibility is between the two of you. Get a lawyer, look at the video taken at the scene and assess the State’s case then.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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