Can an arrest warrant for my arrest be issued ifI haven’tyet received a ticket?

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Can an arrest warrant for my arrest be issued ifI haven’tyet received a ticket?

Approximately 3 months ago I was in an accident that was my fault. I had a couple drinks but was not impaired and admitted this. I looked down for a split second because as I put my cigarette down in the ashtray it fell beside it. It was dark and as I looked up I saw headlights 5 or 6 feet in front of me. So I jerked the wheel and tried to avoid it but it was to late. Blood was drawn from everybody I think but from what I hear I think that the man driving the truck was ticketed for DUI (or DWI). My ex is now telling me the system is backlogged and they could issue a warrant for me anyday. Can they do that if Ihaven’t received a ticket yet?

Asked on December 10, 2010 under Accident Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They (being police via the prosecutor) can issue a warrant for your arrest as long as the time period to file this particular type of criminal action has not lapsed.  If you did not receive a ticket it is probably because at the accident site you were not given a field sobriety test.  If you were and you were impaired, you would have been arrested immediately and your license taken away.  Sounds weird the police were allowed to draw your blood; did it occur at the accident site? Were you given a choice. Sounds quite strange and may be something you can indeed fight if you were to be issued a warrant for your arrest or a citation of some sort.  If you did not receive a traffic ticket or citation, next ask the police for a copy of the police report from the accident and then check if there is anything in there about the police officer's opinion as to your state of impairment if any. 


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