By Juan Montoya
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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."
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?
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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?
