THE LAW OFFICES OF CARL DAVID CEDER, PLLC

WWW.CARLCEDERLAW.COM

ADDRESS: CONTACT INFORMATION:

701 EAST 15TH STREET 214.702.CARL (2275)
SUITE #101 214.206.9395 (FAX)
PLANO, TEXAS 75074 CARL@CEDERLAW.COM

______________________________________________________________________________________

From:
The Law Offices of Carl David Ceder, PLLC

Hello

I will be assisting Carl throughout your case. I know that this is a very difficult and stressful time for
you, so I would like to take a few moments to explain some details of the court system that may arise
in the duration of your case. The contents of this letter will answer many of your questions. Please
read it thoroughly and keep it on hand to refer to as your case progresses.

The first thing that you must realize is that Carl spends a great deal of his time in court. Another
large portion of his day is spent preparing these cases for court. Your case requires many hours of
work and each case takes a tremendous amount of time and care. As Carls paralegal, I work hand
in hand with him throughout your entire case and can help you with many of your questions.
Because we pride ourselves on excellent client communication, please contact us whenever you have
a question or concern regarding your case. My email address is sandy@dfwdefenders.com. I check
my email throughout the day. Rest assured that your case is being handled as promptly and
efficiently as possible.

With this in mind, let me explain a few very important details about opening your file. The following
items are essential:

1. Driving History: I will need a copy of your certified abstract driving history in order to
secure an occupational drivers license if one becomes necessary. If the officer did not
confiscate your DL, please view the following website in order to purchase the driving
history:
https://txapps.texas.gov/tolapp/txldrcdr/TXDPSLicenseeManager
The lack of driving history is often the one item that ends up taking the longest to receive. In
the event the officer confiscated your Dl, please use the attached mail in request to purchase
your Dl history by mail. This takes roughly 4-6 weeks to receive back. We cannot move
forward with an occupational drivers license without it.

2. Administrative License Revocation Hearings: If your case involves an ALR Hearing and our
office handled the initial appeal letter, we will receive notice within two months of a hearing
date. If you or another attorney sent the request for a hearing to TX DPS, please make sure
you send us a copy of the letter that was sent for your file. You should receive a notice of a
hearing date within 6 weeks of the receipt of the request by TX DPS. If you do not receive
the notice, contact me immediately, so we can investigate the cause of the delay. Also, any
notices that you receive from
Carl TX Ceder
David DPS concerning
Attorney any court proceeding, please contact me
at Law
immediately to confirm that our office has been
214.702.CARL (2275)notified as well. We will notify you of the
same, if we receive a notice. www.CarlCederLaw.com
 3. Changes of Address: Do not forget to notify our office of any changes in address, phone
numbers, employment status, etc., that may occur during the course of your case. If we need
to reach you, time will be critical, and your failure to stay in touch with us may carry dire
consequences.

Next, let me explain a few of the steps that your case will take. The first step is called a Pre-Trial
Conference. This is the first appearance date when you appear before the court. When the time is
right, we will also file motions and other important paperwork in your case. It is important that you
are present for this court date. Failure to be in court can result in forfeiture of your bond, an arrest
warrant being issued and denied renewal of your license for failure to appear. Whenever
possible, we will appear without you in order to not inconvenience you and to relieve some of the
stress that you may have about your case. Please understand that it requires special permission from
the Judge to move or reset a case, so if this is necessary for you, please contact us to allow us time to
approach the Judge before your scheduled court date. I will always notify you by email or text to
make you aware of whether or not we will need you present and if so, what time to arrive.

Also, at a subsequent pre-trial conference, we will file the previously mentioned motions package for
your case with the court seeking some type of action related to the case. Motions, simply put, are
requests that we make of the court to grant us some type of relief. This relief is usually asking that
some part of the States evidence be excluded from trial when the case goes to court. We may seek
to exclude a breath or blood test result, field evaluations or a custodial statement made by you after
your detention, but before any Miranda advisements were given to you (e.g., You have the right to
an attorney; you have the right to remain silent,etc.).
In addition, we will file a motion for the prosecutor to send us the discovery in your case. Discovery
is a general term that relates to the production of evidence that the state intends to present against
you in court. An example of discovery is a list of the States witnesses against you, plus information
on how to locate them. This also applies to Offense Reports or videos related to your case. Obtaining
discovery allows us to be as fully prepared as possible when we enter court so that there will be no
surprises. Anytime our office receives any documents regarding your case, we will always make sure
that it is forwarded to you.

Next, we will request oral argument of these motions. This is a very important step as it sometimes
allows our attorney to attack various aspects of the States case prior to trial. The elimination of
harmful evidence is the primary purpose and goal of motions. There will be no jury involved at a
motions hearing. Present at a typical motions hearing will be the judge, your attorney, the prosecutor,
the States witness (the arresting officer) and yourself. Some cases require additional witnesses. The
judge will hear motions and argument from both sides, then grant or deny the motions. Some judges
refuse to hear motions until the day of trial. We prefer a separate motion and hearing and request the
trial judge to schedule a pre-trial hearing in all cases.

Next comes the trial. A misdemeanor trial consists of a 6-member jury. A felony trial consists of a
12-member jury. As the time for trial draws closer, we will be coordinating witnesses and
subpoenas if necessary. We may need your assistance in providing the necessary information on
witnesses to assure that this is done timely and correctly. It is critical that you stay in touch with your
fact witnesses, if there are any, since we will need to be able to reach them and provide them with a
subpoena to secure their appearance.

One thing that you must understand is the likelihood or probability of a reset or continuance of
court dates. Court dates are subject to change at the last moment. Please make sure that we know
Carl
where to reach you at all times. David Ceder
Conflicts Attorney
between at Law
cases invariably occur for a variety of reasons.
214.702.CARL (2275)
www.CarlCederLaw.com
For example, it is not unusual for two jury trials to be set for the same date. In these instances, court
rules require that the older case must be heard first.

There are times when your case may not be reached during the trial calendar that you are
scheduled for and is reset to another date. This can be extremely stressful and disruptive to you, but
you must realize that we are basically at the mercy of the Court. There is little we can do to prevent
it. Going to court is not like going to the doctor. We cannot make an appointment. We go when they
tell us to appear. If you see that you are going to have a conflict, please let us know immediately. We
will do what we can, but there is also a possibility the Judge may choose to not grant a reset. Most
judges have tunnel vision when it comes to the scheduling of court time.

Some cases could be pending for 4-6 months before a decision is made on the drivers license. Our
advice to Texas residents is to immediately obtain a Texas Identification Card for use until your
case is resolved. These may be obtained at the same place that you get your Texas drivers license.
State regulations limit such identification cards to Texas residents. Remember, this is not a license to
drive and you must keep your temporary permit with you when driving. (Non-resident drivers
licensed by another State should explore whether you can procure a replacement license or similar
ID card in your State without running afoul of your States law.)
Most DWI arrests result in an Administrative License Revocation Hearing (ALR) before the
Texas Department of Public Safety and State Office of Administrative Hearings. This assumes that
you either filed a timely appeal of your suspension, or that you had us assist you with this. These
suspension hearings are conducted before an Administrative Law Judge who is a completely
different judge than the judge handling your DWI case. It is also held in a different court location.
The Administrative License Revocation hearing is civil by nature. As such, it is not required, though
suggested, that Carl attend this hearing. With it being civil by nature, it only requires 51% of the
evidence to suspend your DL.

As proof of your continuing right to drive, you must carry the DIC-25 with you at all times. This is
the Temporary Driving Permit issued by your arresting officer, which permits you to have limited
driving privileges. Please note: the DIC-25 form EXPIRES at the end of 40 days. If you missed
your ALR Request deadline (within 15 days after you received, or are presumed to have received
your DIC-25), you may be without driving privileges on the 41st day. If a timely request for a hearing
(an appeal) was filed, you should receive the Notice of Hearing from our office or from the State
Office of Administrative Hearings (SOAH).

Any letters from DPS that you receive that set a hearing date or which indicate that the proposed
suspension is withdrawn must be kept with you, too. This is your proof of your right to drive in
Texas. Keep them in the car that you are driving at all times, along with our business card.

Another key factor in every case is paying your attorney fees on time. Fortunately, about half of our
cases are resolved before a trial date is scheduled, and the trial portion of the fee is never due from
those clients. The balance of your trial fees is due once your case is set on the trial docket. Please
contact me at any time if you have a question about a trial fee or your account.
If your case requires expert witnesses, you must cover the cost of the experts fees and expenses for
his/her time preparing for and attending court. Once we have received the video/audio tape and
Offense Reports, we will discuss the necessity of an expert witness. You must approve this
expenditure, since it is generally a major expense.

Please understand that a DWI cannot be resolved overnight. Generally, cases could be pending for 6
months to 12 months, depending on the courts docket and how anxious you are to resolve this. It is
Carl David
important to remember that time is on Ceder Attorney
our side. The Lawat Law
Office of Carl David Ceder will do
everything we can to help you through214.702.CARL (2275)
this stressful time.
www.CarlCederLaw.com
Please contact me if you have questions or concerns about your case. You can reach me at 469-340-
0106. This number also receives text.

Sincerely,

Sandra Chaimowicz
___________________________
Sandy Chaimowicz
Criminal Defense Paralegal

Carl David Ceder Attorney at Law

214.702.CARL (2275)
www.CarlCederLaw.com