Is the Harris County District Attorney's Office coercing DWI Defendants? - You Decide

Posted on July 31, 2009 by Dane Johnson

Pre-trial diversion is now being offered by the Harris County District Office.  What this means is that if you live agree to live by the DA's rules they will dismiss your case.  Sounds great - Right?

As Paul Harvey would say, and now for the rest of the story.  Simultaneous to implementing this new policy, the new policy of the DA's office is to only offer 30 days in jail on a 1st DWI.  Previously in most DWI 1st offender cases, the DA would offer a defendant a deal that would allow them to pay a fine and go about the defendant's business.  Now, however, the DA is essentially coercing some to enter into this pretrial diversion to avoid a 30 day offer by the DA's office. 

Don't get me wrong, for some individuals charged with a Houston DWI, the pretrial diversion program is a great plan.  However, imagine you have a DWI case and you believe you are innocent and your choices are do the program or face a possibility of 30 days in jail.  Does that seem like it is a bit heavy handed?  You bet it does.

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