can 2 counties in texas arrest 1 person for same dwi offense 1 county 1 date 30 days later 2 county same date?

Question

arrested in one county 2 county waited to issue arrest for same offense now bond in 2 counties for 1 offense i think second county wanted to prosecute but jumped the gun by issuing arrest warrant if wanting to prosecute is jurisdiction between counties not justified by arresting twice

Answer 1

Generally, a person can only be arrested if they commit an offense within the appropriate jurisdiction.

But, if someone drove through two counties while drunk, that gives both counties jurisdiction.

Double jeopardy would attach, however, if both counties punished the person under the same offense for the same physical action. Though (I'm not sure, check with a Texas attorney) double jeopardy may not apply solely to monetary fines for moving violations (a ticket) if the person was given a ticket in both counties while drive through that county..

Answer 2

Arrest is not the same as "convict". Two sovereigns may (under Supreme Court decision) convict for the same crime, although it's very rare. An exception to the double jeopardy rule which says you can't be convicted of a second crime included in the first. (Some state constitutions may go further; see the link below.)

The only sovereigns in the USA are: the Feds, the States, (arguably) the offshore territories, at least for some purposes; the Indian sovereigns; and foreign countries, through (usually) their embassies. Another arguable issue is the status of international orgnizations.

For all practical purposes, all but the feds, the states, and the Native tribes are covered by insurance and don't count (the State Dept. Office of Protocol regulates their driving, the main source of problems in the past).

That's the answer: counties are subordinate entities of the State. If brought to trial, you move for dismissal. You don't even need a lawyer, you just have to prove the fact.

Have a friend with a mobile phone handy in case the police and judge are corrupt, and take you right to the death house without bothering to give you lunch.

Hey: you're in Texas. My car once broke down in Terrell County and it took more than 2 weeks to get it fixed. Yet it was a Chevrolet, not one of those funny foreign cars.

Answer 3

I'm a lawyer but do not reside in Texas. So Texas may have specific legislation regarding this type of scenario. Having said that here goes:

My from the hip response would be Yes they can. Here's why: Typically DUI charges would be a State jurisdiction offence and not Federal (In Canada it's Federal so likely only one charge could be laid). As it'sa State offence there may be different provisions for counties (esp if they are larger counties) which help to keep the backlog out of the State's Court System. AS such, the State would designate different crimes/infractions to be enforced by counties. In this instance, the DUI would be enforced by a county. If you drove through two counties (and were stopped and tested/breath-analyzed) in this condition then both could in fact charge you. We're you apprehend in both counties?

Hope that helps.

Answer 4

Something doesn't smell right,
If the charge is DUI there could be only 1 arrest, If you failed to stop for the first cops and entered a second county where you were eventually arrested the first county can only charge you with moving violations, The second county where you were apprehended and administered the sobriety test is the only one which can prosecute the DWI.

BTW I hope they throw the book at you!

Answer 5

Well, Texas might as well be its own country. I'd get a lawyer.

Answer 6

I LOVE TEXAS JUSTICE!!!!!!!!

YE HAW!!!!!!

So, enlighten us, entertain us, Who was the idiot who drove through TWO COUNTIES in TEJAS, while DRUNK!!!

Can you be extradited to Maricopa County, Arizona? They get to live in tents, in their PINK undies!!!

I LOVE THESE STORIES!!!

Answer 7

Get a lawyer!

Answer 8

stay off the sauce dude.