With the Cameron County District Attorney obviously running interference for Texas State Rep. Rene Oliveira and withholding his blood-test results gathered as a result of a DWI charge from public disclosure, some have claimed authorities can still grant him deferred adjudication to keep it from appearing on his criminal record.
Oliveira was charged on April 28 with Driving While Intoxicated after he slammed into the rear of a car parked at a traffic light. He left before police arrived driving his heavily damaged Cadillac to his home with his mate following behind him. As he was leaving, she told police there had been no accident.The woman who was driving the car he slammed into said Oliveira got out of his vehicle and gave her his business card and told her everything would be "taken care of."
According to the Cameron County District Attorney's Office, the option of offering a defendant deferred adjudication is limited to first time offenders.
It is typically a better deal than regular community supervision because if a person finishes the term successfully, the person does not have a conviction. A conviction is a loose legal term that means a finding of guilt.
It is typically a better deal than regular community supervision because if a person finishes the term successfully, the person does not have a conviction. A conviction is a loose legal term that means a finding of guilt.
However, according to many law firms, the State of Texas does not allow deferred adjudication in cases involving driving under the influence of alcohol, much less if there has been an accident.
In this case, Oliveira not only refused to take a breath test for alcohol, but also refused to undergo a field sobriety test and police had to seek a warrant to have his blood drawn. The results of that test – which reveal not only alcohol blood level but also the presence of illegal drugs – have been withheld from the media, allegedly by order of the DA's Office.
With Oliveira involved in a runoff election with Cameron County Pct. 2 Commissioner Alex Dominguez, the DA and police's withholding of the test results can very well amount to influencing the outcome of the runoff contest. Early voting began Monday and continues until Friday. Election day is May 22.
With Oliveira involved in a runoff election with Cameron County Pct. 2 Commissioner Alex Dominguez, the DA and police's withholding of the test results can very well amount to influencing the outcome of the runoff contest. Early voting began Monday and continues until Friday. Election day is May 22.
Nonetheless, since the deferred adjudication option is only offered once and that only for first-time offenders, it appears that option is not available to Oliveira. He was granted his deferred adjudication for an offense in 1995.
At that time, Oliveira was charged in December 1994 with obtaining a criminal history record for an unauthorized purpose. Oliveira pleaded no contest to the charge, a Class B misdemeanor, and was fined $250 and sentenced to 30 days deferred adjudication, meaning the charge did not remain on his permanent record. He then moved to seal it from public view with a petition for non-disclosure.
So it would appear that since deferred adjudication is out, Oliveira will probably have to cop a plea with the DA's Office or go to trial on the charges.
It is worth noting that the Brownsville Police Officer's Association – a local member of the Texas Combined Law Enforcement Association – had endorsed Oliveira in the race for state rep before the DWI charge and the accident.
On the other hand, the Cameron County Sheriff's Deputies Association – also a CLEAT affiliate – endorsed Dominguez way back in March. Who's endorsement will make the difference in this runoff?
At that time, Oliveira was charged in December 1994 with obtaining a criminal history record for an unauthorized purpose. Oliveira pleaded no contest to the charge, a Class B misdemeanor, and was fined $250 and sentenced to 30 days deferred adjudication, meaning the charge did not remain on his permanent record. He then moved to seal it from public view with a petition for non-disclosure.
So it would appear that since deferred adjudication is out, Oliveira will probably have to cop a plea with the DA's Office or go to trial on the charges.
It is worth noting that the Brownsville Police Officer's Association – a local member of the Texas Combined Law Enforcement Association – had endorsed Oliveira in the race for state rep before the DWI charge and the accident.
On the other hand, the Cameron County Sheriff's Deputies Association – also a CLEAT affiliate – endorsed Dominguez way back in March. Who's endorsement will make the difference in this runoff?
24 comments:
juan shame on luis saenz the sos called Cameron county Da if he doesn't do the job he was elected to do, but shame on us for voting for that clown and Rene Oviedo Ojete aka oliviera too. I am sure the Oliveria clan is very proud of Rene and all of his shananigans too. Pura cacha. No Morals. im voting for Alex Regardless.
Vote for Alex Dominguez
For most of my life, believed that Justice in America was equally applied to all. Certainly there was plenty of evidence to contradict my belief, but I held on to the theory, in spite of contrary evidence. The biased Justice System that gave Hillary a pass on her obvious crimes was the brain shot to my theory.
If the Rule of Law does not apply to the Clintons, why should it apply to Rene or anybody else with planca in this country? The law applies to the common man or woman, but not to the uncommon man or woman.
So everybody just give Rene a pat on the head, reelect him and lets go on with corruption as usual.
I said I would would get away with it cried the "Rear-ender Rene Oliveira" I had my mate get a deferred judgment so you morons will not know anything, I told you that I was untouchable. Don't forget to take my card it has worked well for me.
Dose this mean he will not be disqualified from driving, taking the amount of offenses he has committed, he should banned from driving for life.
He is paying for vans to take nursing home patients to vote for him I am being told. What a sick man. I hope he is not driving the van because he will put those elders in danger by driving into stopped vehicles at red lights. He needs to go away. He should go on his honeymoon now.
What a great name to be known by Rear-ender Rene, his skin is so thick just like his pickled brain. When he lose the election how will he be able to survive without his campaign funds. What a sorry state to end up, he would be better off to commit Hari kari and end it.
That is illegal.
What about when he was getting on the plane in Harlingen with the gun he forgot all about? Nothing to see there I guess unless I tried it!
Vote Alex Dominguez
Capt. Bob is hurting. Rene took his woman. LOL
Rene forget about running for office. Run to the nearest treatment center and deal with your addictions. Your position has only strengthened your dependence on drugs and alcohol. Your judgement and work ethic has been effected by your partying lifestyle!!
Luis Saenz has decided to run interference for Rene....to keep the corruption of 34 years going and to force Rene to owe Luis a big one. Luis Saenz is just another slime ball....leaving a trail of slime where ever he slithers. Keeping the blood test results from the public shows that Luis cares little for the public's right to know. Luis and Rene deserve each other. Rene Oliviera is a scum bag and should be treated as one....not protected by the DA.
Run to the nearest treatment center....Haha
He will be running to the nearest bar!!
Not to worry Brownsville Chief of Police Orlando Marcy Rodriguez will make it all go away. The man has nothing between his legs but a giant hole! If someone complains or is unhappy with the job his people do he will gladly throw them under the bus. Just ask commissioner Jessica T. How many times she has made him bend over and take it up the rear and he has surrounded himself with the same type of individuals. He should just move out of the way and let the real Chief Marcy run the show!
AS A FORMER COUNTY LAW ENFORCEMENT OFFICER, A CO-FOUNDER AND FORMER DIRECTOR OF THE SHERIFF DEPUTIES ASSOCIATION AND SUPPORTER OF THE COUNTY CIVIL SERVICE...I ALSO STAND BEHIND THE ASSOCIATION ENDORCEMENT FOR DOMINGUEZ!!!!!
OLIVERIA IS NOT THERE FOR THE POEPLE OF CAMERON COUNTY...HE IS THERE ONLY FOR HIS COUNTY POLITICAL FRIENDS!!! WHEN THERE WAS A COUNTY CIVIL SERVICE ISSUE THAT INVOLVED PROTECTION FOR COUNTY DEPUTIES...HE INTRODUCED SEVERAL HOUSE BILLS TO KEEP THESE COUNTY DEPUTIES FROM HAVING PROTECTION OF THE COUNTY CIVIL SERVICE.CLEAT WITH TO BAT FOR THESE DEPUIES KILLING OLIVERIA'S BILLS. NOT ONLY DID HE INTRODUCED ONE HOUSE BILL BUT TWO HOUSE BILLS AND WORKING ON A THIRD...UNTIL A LETTER OF UNDERSTANDING WAS AGGREED BY CERTAIN PARTIES IN THE COUNTY. HE WAS NOT THERE FOR THOSE EMPLOYEES BUT FOR THOSE POLITICAL POWERFUL INDIVIDUALS AT THE COURTHOUSE. WE WILL REMEMBER AND WE WILL REMEMBER AT THE POLLS TOOO.
3.What is the law regarding serving alcoholic beverages to an intoxicated person?
Selling an alcoholic beverage with criminal negligence to an intoxicated person is a violation of Section 101.63 of the Alcoholic Beverage Code. It is a misdemeanor punishable by a fine between $100 and $500 and/or up to a year in jail.
TABC:Mobile is TABC's preferred way of securely filing complaints and officially filing breach-of-peace reports quickly and easily. Filing with TABC:Mobile takes just minutes and provides verification of receipt by TABC.
You may also file a complaint about possible violations of the law on TABC-licensed premises, or to report possible alcohol-related violations taking place at any location, you may do so by filling out a TABC Complaint Form and providing it to our agency.
Complaint Form in Word format, Complaint Form in PDF format or submit the on-line form.
You can use the form to report:
•A bar, restaurant, store or other TABC-licensed location that is: ◦Selling alcoholic beverages to minors or intoxicated people;
◦Selling alcoholic beverages after the legal hours of sale;
◦Conducting illegal activity involving gambling, illicit drug use or prostitution;
◦Owned by someone other than the person named on the permit; or
◦Involved in any other illegal activity.
•A Private Club that is serving alcoholic beverages to non-members of the club.
•An individual illegally providing alcoholic beverages to a minor.
•Parties or events involving minors illegally consuming alcoholic beverages.
•An individual selling alcoholic beverages without a TABC permit.
•Any other illegal activity that involves alcoholic beverages.
There you have it NOW DO SOMETHING OR DON'T VOTE FOR THIS JERK.
The drinks are on the house - so theres no selling of alcoholic beverages... se la pelaron.
The firms you spoke of must not specialize in DWI defense. We have very few skilled in that area around here, and they have no problem taking people’s money or appointments and providing subpar legal defense.
Have you noticed that the Sheriff Dept. has 144 deputies and only a few belong to the association. A former sheriff deputy, I can truly say Dominguez has a hard ass for anyone that goes before the court, he treats you like shit. My vote is for Rene, puro Southmost BABY!!
Drinks don’t have to be on the house to be illegal to serve them.
A Rear-ender is a Rear-ender drunk or sober, the only difference is the Scumbag behind the wheel. Why should a Scumbag be allowed to drive after he was so drunk when he was held up by the police (the body cameras will prove) to get him in the police car. Alex Begun will touch this case. He calls himself the Law Giant, but he is scared shit less of Rene Oliveira.
BS people in the southmost area don't vote.
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