Alcohol & Drugs: DUI, DWI 21 yr old Son arrested for DWI & now in jail for MTAG from 2005

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cynthialee11

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Good old Texas Law.....
In 2005 my son, at age 17 was at an apt building at night and he & his friend went inside of the weight/gym room (the door was unlocked). Unfortunately he and his buddy beat up a coke machine. The police caught them & they were both arrested for Criminal Burglary. My son's friend had drugs in his pants pockets and was arrested for drugs. My son did not have drugs. He was placed on Order Of Community Supervison Without Adjudication Of Guilt w/ probation of 4 years. His probation would have ended on 9/11/09.

My son was in a car accident in Aug 2008-his fault (rear ended a truck at 8am Sunday morning-he fell asleep behind the wheel not even a full mile from home :( ). 4 days after the accident he was arrested at our home for a DWI (He went to the hospital after the car accident-via the police car & they took blood tests, cat scans, etc). The did not find alcohol but they found Amphetamines. He is on a prescription medication called "Vyvanse" for his ADHD-which is classified as a class II CS. His probation officer is aware of the medication he is on. He was bailed out of jail the same day as his arrest in August.

On Oct 9th, 08 the Denton Co Sheriffs came and arrested him, claiming they had a warrant-the sheriffs beat the hell out of my door yelling 4 letter words w/ ing at the end of it to open this door before we #@**ing beat it in. They finally just turned the handle & realized the door was unlocked. My son was home & so was my 16 yr old daughter.
He is in jail now since the 9th & on the public judicial website they have placed a motion to adjudicate guilt from his 2005 arrest (due to his arrest was a violation of probation) It states also that he has been denied a Lawyer per District:
Defense Attorneys
Denied By District

Case Information
Filed on 10/01/2008
MOTION TO ADJUDICATE GUILT; 03/09/05-BURGLARY OF BUILDING
State Felony
His ANNOUNCEMENT HEARING is on Monday October 20th. No bond can be posted.

Since he has been denied an attorney, which I am presuming means "an attorney appointed by the state" which here in Texas is not free. He paid for his first lawyer included in his fine, probation fees & lawyer fees.

The police dept will not give me a copy of the Police Report stating that he is an adult nor answer any of my question. His probation officer had no information to me at all w/ the exception of calling to get the police report.


Do I need to hire a lawyer for him? This really seems crazy to me that he can be arrested for a Doctor prescribed medication that his probation officer was fully aware of him being on. He visits his Dr. each month for his check up and then then the Dr. approves and writes a new prescription for him to take to the pharmacy.

I am going to hire a lawyer in the morning. I know he needs a lawyer.

Is it legal for them to arrest my son for a DWI when he was not drunk, nor have a blood alcohol level at all.


Any advise would be greatly appreciated.

Respectfully submitted,

Cynthia L. Paulson
 
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