The Law Office of Jeffrey H. Garland, P.A.

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The Law Office of Jeffrey H. Garland, P.A.

Attorney Jeffrey Garland Secures Withdrawl of Plea

  • July 9, 2013

Client’s car was stopped for a “loud music” violation of Section 316.3045. The client was initially represented by the public defender, who recommended that he plea “no contest” to DWLS and to a separate charge of resisting an officer without violence. The client soon learned that the withhold of adjudication for the DWLS would still result in a 5-year license revocation. He then came to see Jeffrey H. Garland, who recognized that the loud noise statute had been declared unconstitutional. Garland immediately filed separations to withdraw the pleas and to suppress the evidence derived as a result of the illegal stop. County Judge Cliff Barnes granted withdrawal of the plea on 6/20/13. The State conceded the motion to suppress by dropping all charges on 7/2/13.

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