Texas Proposed DWI Deferred Adjudication Needs Some Tweaking...
I was contemplating whether to write this blog here or on my DWI blog, but since it relates to other areas of criminal law I found it more appropriate to post it here. Does anyone really believe that the Mother Against Drunk Drivers (MADD) organization has a drunk drivers best interest at heart? Well when you listen to their publicity machine you may think so. Currently, the organization is trying to bamboozle Texas residents into thinking that the proposed law will help many people accused of a DWI. A closer look into the law will reveal that it will be assisting the court dockets and prosecutors more than the citizens of Texas. A non criminal lawyer or a lawyer that does not practice DWI defense will not recognize that this proposed law will not allow a person that is placed on deferred adjudication to expunge their record or apply for a motion for non disclosure after they successfully complete a probationary period like most other crimes. Typically, when someone is arrested for a crime such as theft or possession of a controlled substance and subsequently placed on deferred adjudication they are eligible for a motion for non disclosure if they successfully complete the program. The motion prevents the public from ever seeing the arrest after the court grants the motion for non disclosure. While it is correct that a deferred adjudication allows someone to say that they have not been convicted of a DWI, what use is it if an employer, landlord, or credit agency can still see the arrest and plea of guilty. Most people that are not attorneys will see this information on public databases and not care that it is not conviction. MADD should ask someone that has successfully completed a deferred adjudication of a family violence assault crime if they appreciate not being able to own a gun, clear their record or rent an apartment. Undoubtedly the answer would be no.