Houston DWI DIVERT Disqualification...
I was disappointed with the negative decision regarding one of my clients this week. One of the most puzzling aspects of Harris County DIVERT requirements is that a person may not have been handled by the police before this arrest for driving while intoxication (DWI). I would better understand this policy if they meant never have been convicted or placed on community supervision for a crime, but they are being much stricter than that. They are holding an arrest that was subsequently dismissed against a person, even if the arrest occurred close to ten years ago and was dismissed after two court settings. This still prevented my client from qualifying for the DIVERT Program. When the DIVERT Program was presented to Houston DWI Lawyers it was mentioned that exceptions may be made for some people that have previously been arrested. Apparently, a dismissed charge for a low level offense like failure to properly identify yourself will keep someone from entering the DIVERT program.
Categories:
DWI, DUI, DIVERT