County Attorney John Fleming spoke to SFA students Tuesday night about changes in the law regarding alcohol related offenses.
Assistant District Attorney Paige Pattillo and Keith Hawkins of UPD were also present to answer questions and describe the process of prosecuting misdemeanors, including marijuana use, and family violence in Nacogdoches County.
Fleming began the presentation by explaining what the County Attorney's office is here to do. "We are here to prosecute misdemeanors in the county, including DWI and DUI offenses," Fleming said. "However, there is not an excuse to get a DWI anymore if you are an SFA student because of Driving Jacks." With the assistance of the police department, department of public safety and sheriff's department, the County Attorney's office is working to make changes in the areas of alcohol related offenses.
No Refusal Weekends are used in larger counties such as Tarrant and Harris, and the law is about to be put into effect in Nacogdoches. "On certain weekends, upon refusal to take a breath specimen test, an officer can require a blood sample from intoxicated persons," Fleming said. The most common times No Refusal Weekends are often put into effect are during holidays such as July 4, Memorial Day and Labor Day. Blood search warrants have been used for years but not in the Nacogdoches area due to lack of resources in the past. Now, if a defendant refuses to take a breath specimen test, blood may be taken if in a sterile environment.
"With a blood test we get the opportunity to see if the person has alcohol as well as any kind of drug in their system," Pattillo said.
She also stressed the difference between a DUI and a DWI. "If you are underage and driving after you have been drinking, it would be considered a DUI, and the highest possible fine is $500," Pattillo said. "If you are 21 or over, as long as you aren't intoxicated, it's OK to drive after drinking. You must be intoxicated to receive a DWI."
Another big topic of discussion dealt with the possession of marijuana. "If you've got four people in the car and one joint, chances are there are going to be four arrests," Fleming said. If found guilty for possession of marijuana there is a possible jail sentence of up to six months and a fine up to $2,000.
"If marijuana is in that car, you can go to jail. Even if you don't know it's there, if you are within reach of it you can still be prosecuted," Pattillo said. Whether or not the defendant receives a fine or jail senc amount and category of the discovered substance.
Family violence and assault cases are also handled by the County Attorney's office. Citizens may file for a protective order through the Court. "You don't have to be married to obtain a protective order," Fleming said. "You just need the facts to support it."
Before ending the presentation Fleming and Pattillo wanted to get across the point that the County Attorney and police officers of Nacogdoches are here to help students. "We wanted to demystify who our office is and what we do," said Fleming. "We want to do our jobs in a way that protects you and protects our loved ones." "We're not here to tell you not to go out and party, we're just telling you to be safe," Pattillo said. "Call Driving Jacks, call your friends, call someone."
mleonard@thepinelog.com
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