Is DWI considered a moving violation in Texas?

Answer 1

In some jurisdictions it might be debateable before a judge and a jury. In general and in most jurisdictions each element of the charge, is subject to the burden of proof. For example: Was the vehicle in motion, observed to be in control or presumed to be in the control of the alleged perpertrator. The fine point in criminal law is that the burden of proof belongs to the state. A boo-boo on their part can throw the case out on appeal. If they were wrong in bringing forward the charge then: * Fight it with the best attorney you can afford because that after all is the American way. * No attorney and no cash and you are at the mercy of poorly paid, over worked and in most cases a temporary resident of that post as a Court appointed attorney by the judge hearing the case. * Option three only works if guilt is not in question and you are a person of Honor. In that case you can Face the Judge, Fess-Up and take your punisment. Hopefully you can dry out (probably make that possibly) and receive help and counsel (highly unlikely, no make that almost impossible). Hopefully no-one was injured or killed in this incident. The Law Won.