She Got 2 DWIs & Still Thought She'd Walk Free — Big Mistake | #judgefleischer

追加: 2026-06-03

[00:00:00]Hello judge. Hi. How are you doing today?

[00:00:02]>> I'm doing great.

[00:00:03]>> How are you?

[00:00:04]>> Good sir, thank you.

[00:00:05]>> What we had discussed was just so there's a photo close analysis we were talking. The Marissa had agreed to have a plea to the DUID probation with the terms include treatment as we recommend by the T rows and all this type of stuff which we we had agreed that would be one of the ways to resolve it. And that was still have her dismiss the PCS. But once we talked about the idea of setting her up for failure if you would, I wasn't comfortable that she would be able or this court might even be able to accommodate issues that would arise because she couldn't either get to her meeting or get to her >> Always. There's never a way that we can't. Never doesn't work in our vocabulary. And the thing that I want you to understand is that I don't you know, you now once you plead if you plead to this it's going to go on your record. It is now a second offense. And the last thing we want is for you to graduate to felony status where you're looking at two to 10 in the penitentiary. Right? And I need and I want to make sure that you understand that there are consequence consequences to behavior. You need to understand that if you ever get in a car, you smell like alcohol, you smell like dope, they're not going to care whether you're feeling fall down ass drunk where you have urinated yourself where you vomit it doesn't take that for them to file a felony charge on you. Even the faintest smell of alcohol, the faintest droopy eyelids, the faintest sway in the wrong way, they're going to charge you with a felony DUI and now you're looking at up to 10 years in prison. I at all costs want to make sure that that doesn't happen. And in my experience, what I've seen, when people have too easy, right? It it never works out well. And I don't think that a time served on a DWI second is appropriate.

[00:02:16]I [clears throat] understand that you may take care of other people. I understand that you may have life issues.

[00:02:22]Actions have consequences. You not only have this DWI second, but you also have a felony possession of a controlled substance.

[00:02:31]He's worked a tremendous deal where they're going to dismiss the felony case. I'm going to tell you now, anytime you can avoid a felony, you're winning. Anytime, it doesn't matter. Because once you get that felony conviction, I cannot tell you how many doors that closes. And not only just from for potential work, but I'm talking issues with the state, being able to get state resources, funding for things like food stamps, perhaps lose the right to vote. Just it really closes a lot of doors. And I want to make sure that that doesn't happen, you know? So, um we usually Now, this is a second. You, by law, must do 5 days in jail as a condition to probation, right?

[00:03:28]I don't know if you guys have worked out an agreement where they're going to waive that and plead it down to a first, thereby waving the jail time. But there's mandatory 5 days in jail as a as a result of this.

[00:03:40]That's what you need to understand, which is the other consequence of this.

[00:03:43]Now, if they're willing to do that, I'm certainly okay with that. But time served.

[00:03:51]And the probation, if you do well in the beginning and you show us that we can trust you we will allow you to virtual reporting through Zoom.

[00:04:03]But we have to know that you're going to do well there are not going to be any issues and most importantly you're not going to use.

[00:04:11]>> Absolutely, sir.

[00:04:12]>> Cuz that's what matters.

[00:04:13]>> Yes, sir.

[00:04:16]>> All we're trying to do here is make sure that you don't take a life on the road. So that you have enough of a crappy experience here that 15 years down the road when you're placed in a position where you're intoxicated out there man should I get in this car? I had such a miserable time in court with that Judge Fleischaker. God, I never want that experience again. That's the idea.

[00:04:41]>> Yes, sir.

[00:04:42]>> Because I want you to remember me 20 years from now when you're in a position of vulnerable vulnerability where you make the right decision.

[00:04:50]>> Absolutely, sir.

[00:04:52]Yes, sir.

[00:04:52]>> And hopefully with the probation we get you understand.

[00:04:59]>> Absolutely, sir. I agree. It's fine.

[00:05:02]>> Um now you have a probation officer, right?

[00:05:06]Your probation officer is always willing to work with you. If they call you in for a drug test and you're in some kind of situation where you can't you let them know we will give you the line to Shatory here. She's absolutely an angel, is always willing to help you out. We can give you a direct access to her.

[00:05:24]>> [clears throat and snorts] >> If you have a problem, call us, call me, call her and we will work something out.

[00:05:31]>> Yes, sir.

[00:05:32]>> But there's there's never a way that we can't work something out. There's always a way There's always a way. Always.

[00:05:40]>> Yes, your honor. Yes, sir.

[00:05:42]>> Okay?

[00:05:43]>> Yes, sir.

[00:05:43]>> Give me a minute or two of to talk to my judge and >> rush. And I your case, Ms. Knowles, it's it's only what, like 140 days?

[00:05:53]Right?

[00:05:53]>> We won't have a ruling today, judge.

[00:05:55]>> And you don't have to.

[00:05:56]>> Well, I think we're at that point, so I think we just spoke conversation, I think we should be able to get to it.

[00:06:01]>> For sure.

[00:06:01]>> And I appreciate it.

[00:06:02]>> Of course. Thank you.

[00:06:03]>> Thank you, sir. I appreciate you.

[00:06:05]>> Ms. Gonzales, I want you to understand one thing, that it's not you, it's not your lawyer, he's done a great job and has zealously advocated on your behalf, but >> [snorts] >> on a second DWI, you know, we have proverbial slaps on the wrist for for DWI first, right? I get it, people make mistakes, it happens, we all make mistakes in life, right?

[00:06:33]But you can't continue to make the same mistake and expect the same result and reward, right? Because the proverbial slap on the wrist, the so-called time served, right?

[00:06:48]Is is exactly what it is, because you're supposed to do jail time on a DWI, right? And when you're walking out of here, you know, and there's no jail time, it's it's basically it's kind of like a reward, right?

[00:06:59]>> Absolutely. [clears throat] >> But you can't continue to pick up DWIs and expect rewards. We don't work like that.

[00:07:06]We don't operate like that. And we want you to learn.

[00:07:09]And believe it or not, I really care for you and I want to see you succeed, I want to see you do well.

[00:07:16]But no more proverbial slaps on the wrist. There now is a lot of baggage that you're going to have on your back following today and for the rest of your life.

[00:07:29]You know, after today, you're going to have these two DWIs on your record. Like I've been harping on you over and over, you get into a car, the slightest smell of whatever it is, they're probably going to take you down and charge you with a felony. And if you thought this was expensive, if you thought this was bad, wait till you get upstairs.

[00:07:49]There are judges up there that just watch out.

[00:07:54]>> Yes.

[00:07:55]>> Now, you guys have worked out an agreement.

[00:07:57]They're offering you 180 days in jail to be probated for 16 months. As part of the conditions, you will do thinking for a change.

[00:08:05]You will do a repeat offender DDPI education class. You will do two victim impact panels. You will also do a T-RISE, which is an evaluation to see what other conditions you may need.

[00:08:16]>> Is completely >> And you didn't advise any recommended treatment for you?

[00:08:19]>> Okay. Well, okay. I'm I'm surprised no um no outpa- No. No, no, no, not necessarily residential, but no outpatient treatment at a minimum.

[00:08:30]You know, you typically in these cases when we see these they usually order, you know, um intensive outpatient treatment or supportive outpatient treatment, which is kind of like a uh like AA-ish type issue. So, regardless, if that's what they think, then that's what they think. I'm going to follow it.

[00:08:51]So, you that's what you must do.

[00:08:53]Um no breath test refusal. So, if you're pulled over in a car and an officer asks you to submit a breath test, you must do it. If you don't, you're in violation of the probation. 30 hours of community service and a Guardian Interlock.

[00:09:06]Do you have children, Ms. Gonzales?

[00:09:08]>> Yes, sir.

[00:09:08]>> Okay. I think that you probably be better served to do a a instead of the dumbass community service, to do it like a parenting class, cuz I think that has more value than just working on the street.

[00:09:22]Now, like I said, all we want you to do is learn from this. You know, take these classes, take it to heart so that you don't ever come back.

[00:09:32]>> Yes, sir.

[00:09:32]>> Um if you do well, after some time, I will allow you to report via Zoom, okay?

[00:09:39]You got to also understand that when you're doing these probations, these probation officers have your life in their hands, right?

[00:09:51]If you are nice to them, crack a joke with them. If you're their first appointment in the morning, you're probably going to get someone on their good side. If you go in there at 4:00 in the afternoon, you've got a bunch of excuses, right? They're probably not going to be happy. They're going to be irritated. They're going to want to go home.

[00:10:09]Don't expect any good thing. In life, that's how it goes. If you're nice, you get more with honey than you do with vinegar. It's the same thing with a probation officer.

[00:10:18]You're giving up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross-examine your accusers. If you're not a citizen, there are possible immigration consequences. You can be deported, excluded from the country, denied naturalization under federal law. You give up the right to appeal.

[00:10:33]So, once you plead guilty, you can never change this or undo this. If you violate this probation, I'm going to issue a warrant for your arrest. We are going to put you in jail, bring you back out, talk about if you violate your probation. If you do, you're looking at 180 days in jail.

[00:10:48]Do you understand?

[00:10:49]How do you plead to the offense, ma'am?

[00:10:52]I will find you guilty. I will follow the agreement.

[00:10:55]Is there an accident in this case, Michael?

[00:10:58]Okay.

[00:10:59]I have to suspend your license. I'm going to suspend it for a year. Do you have a license now?

[00:11:05]Okay. I think that that's probably what we should also do is try to get her license, you know?

[00:11:11]Um Have you ever had a license?

[00:11:14]>> I I had I did have a license. Um it got suspended with the first DWI. And back then they had a bunch of like um extra fees. It was the >> Surcharges.

[00:11:23]>> Surcharges. Yeah, so I wasn't able to get it back because it was so high.

[00:11:27]Um then they canceled all that out. I had just finished paying off everything to reinstate my license two weeks maybe prior to this happening here.

[00:11:38]>> Michael, do you mind running her license?

[00:11:39]>> Yes, Judge.

[00:11:40]>> Did you handle the ALR hearing by chance?

[00:11:43]>> I did not, no.

[00:11:44]>> Okay.

[00:11:46]On a subsequent, it's usually a two-year license suspension when it comes with regards to the ALR. So, it may very well that you may have a two-year license suspension.

[00:11:56]>> I do see that she's not eligible, Judge.

[00:11:59]>> ALR?

[00:12:02]>> Yes.

[00:12:04]>> Two-year?

[00:12:06]I mean, it it it also depends what happened with the first ALR, too.

[00:12:09]>> actually it actually says that she was suspended because due to no insurance.

[00:12:18]It says surcharge due no insurance.

[00:12:21]>> Due to no insurance on the license.

[00:12:23]>> Did you get a ticket for no insurance?

[00:12:25]>> No, sir.

[00:12:26]I haven't gotten pulled over. This was the first time in many years.

[00:12:38]>> Let's make sure >> know that it began September 15th of 2024, the suspension.

[00:12:43]And the end date, I think this is like in perpetuity until she gets something fixed.

[00:12:48]>> Here.

[00:12:49]Juanita, mind giving me that piece of paper? This is the driver's license division. The number Will you make sure it's 2600? I don't know if she can read that. I kind of wrote it because Juanita It's 2600. That's the number to the driver's license division for DPS. Call them and then they can tell you what you need to do to get your license. But, you need to get your license.

[00:13:09]>> Okay. Yes, sir.

[00:13:10]>> You got to get it.

[00:13:10]>> I'm allowed to go get it if I can.

[00:13:12]>> [clears throat] >> Yeah, of course. But, before you just go do anything, call them first. And when you call them, call them at 7:00 in the morning. Don't call at 8:00. Don't call at 9:00. Don't call at 1:00 cuz you'll never get through. As soon as the phone lines open at 7:00, that's when you call.

[00:13:24]>> Okay.

[00:13:24]>> All All Any questions?

[00:13:26]>> No, sir.

[00:13:26]>> Judge, there's a couple of things you They were asking for the Guardian Interlock. She does not drive or anything like that.

[00:13:34]And if she has the monitor on, that's uncomfortable, can we give her the portable device for now?

[00:13:39]>> Yeah. So, no, no, no. I want to switch it from the SCRAM to the portable. All right. So, but first get the portable, then we'll take off the SCRAM.

[00:13:50]So, we want to make sure that you're not using, and the best way, first get that one.

[00:13:55]As soon as you do that, we'll take the other one off. But we want to make sure that you have that one on first. So, yeah, one of the conditions on this probation is that you maintain a Guardian Interlock. Now, because you're not driving, understand that you're going to be signing an affidavit today promising that you're not going to drive. Do not drive. I don't care what your excuses. I don't care what's There's a burning building, don't It doesn't matter. Just don't drive, okay?

[00:14:22]>> The other thing, Judge, just And this is just by way of refreshing the court's recollection, [clears throat] and there's been no alcohol that was found either in the results from the lab.

[00:14:38]And there's never been any alcohol associated with this particular DWI.

[00:14:44]This is one that was >> [clears throat] >> based upon >> Sure.

[00:14:47]>> some some drugs. And I mean, not even a synergistic type of a matter. It's simply they were drugs. So, just so the court will be aware, alcohol was the reason system as a result of this case.

[00:15:01]>> Okay.

[00:15:03]Remember, DWI is not just alcohol. If you take too much NyQuil, what happens?

[00:15:09]>> Makes you sleepy.

[00:15:10]>> Right. Anything where it affects the normal use of your mental and or physical faculties.

[00:15:18]>> So, what?

[00:15:19]>> Right. You're on.

[00:15:20]Oh, I think that's it.

[00:15:22]>> That's it. We And just so you will know And I know how serious you take these matters and I don't want to belabor it, but the idea is that we had already put in place What Do you have Brittany's card with you?

[00:15:32]>> Um I It's in my phone.

[00:15:35]>> We had already dealt with the Rick Court people.

[00:15:37]There's a program director of Brittany.

[00:15:39]I can't remember her name now, but No, that's okay. We have a court date.

[00:15:43]So, we'll Treatment was going to already be a part of >> Great.

[00:15:47]>> this agreement independent of of a formal writing, but I think this is the best thing to do in this circumstance. This is a >> When is the last time she's been tested?

[00:15:59]Have you done a test lately?

[00:16:02]>> I can check it.

[00:16:06]>> Yeah, we can move on to that.

[00:16:07]Now, Mr. Knowles, we have one more thing.

[00:16:10]The surcharge.

[00:16:11]>> Oh, yeah. I'm going to ask that that be waived. There's no way that she can afford those things at all. If I need to prove it up, I You need to prove up on it or >> What do you do for a living?

[00:16:20]>> I take care of my father at home.

[00:16:22]>> Do you get paid by the state for doing that?

[00:16:24]>> No, sir. Because I live with him. I don't know what that That's what they told me.

[00:16:28]>> How do you How do you get money? How do you survive?

[00:16:30]>> I mean, he gives me whatever I can, and he gets money from Social Security retirement.

[00:16:35]>> What does he get?

[00:16:37]>> Uh 2,600 a month, something like that.

[00:16:40]>> So, you guys share that?

[00:16:41]>> Yes, sir.

[00:16:42]>> Okay.

[00:16:43]All right, Mr. Knowles. I'll waive the DPS surcharge.

[00:16:47]>> The last time was on September 9th.

[00:16:50]>> Negative.

[00:16:51]>> [clears throat] >> Um I believe what tested positive for was a prescription that she currently possesses.

[00:16:57]>> Okay. All right. Yeah, just stay clean.

[00:16:59]That's all we're asking.

[00:17:00]Okay? All right.

[00:17:02]>> We've been in supervision, please.

[00:17:03]>> Sure.

[00:17:04]>> [clears throat] >> Yeah. It's not about the money. It's never about the money.

[00:17:07]>> I know, sir.

[00:17:08]>> Just doing what you say you're going to do.

[00:17:09]>> Absolutely.

[00:17:10]>> In the time that you're supposed to do it.

[00:17:12]All right, guys.

[00:17:13]>> Mr. Knowles.

[00:17:13]>> Good luck.

[00:17:14]>> Thank you.

[00:17:15]>> Thank you, Judge. I appreciate it. Mike, thank you.

[00:17:17]>> a great Thanksgiving.

[00:17:18]>> Thank you, sir.

[00:17:18]>> Thank [clears throat] you, Mr. >> Thank >> [snorts] >> And Judge wait.

[00:17:22]>> The raising hand.

[00:17:24]>> Sorry, I didn't hear you.

[00:17:25]>> Raising hand.

[00:17:26]>> Good morning, Judge.

[00:17:27]>> Good morning, sir.

[00:17:28]So, you're charged with interference with the duties of a public servant and this is a class B misdemeanor. You're facing up to 6 months in jail and or a $2,000 fine. We are going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you.

[00:17:42]We're going to do probable cause. Just hang tight, please.

[00:17:45]>> Officer responded to a dispatch to a disturbance between the defendant and an Uber driver in Harris County, Texas. The officer stated that when he arrived, both parties were calm and smoking with one another. Officer stated that he saw the defendant was intoxicated and asked whether the defendant's wife would come and get him.

[00:18:00]Um the defendant said his wife would.

[00:18:02]And the defendant and the Uber driver became going back and forth with each other about charges.

[00:18:06]An officer made the decision to detain the defendant and take him to a sobering center. Officer asked defendant to put his hands behind his back and defendant tensed his arms. Additional officers arrived and detained the thief.

[00:18:16]>> [snorts] >> Judge, I know it's not it's not you don't argue [snorts] probable >> Tensed his arms? Really?

[00:18:24]>> Yeah, Judge, I know it's not time to argue probable cause, but I like >> No, no, no, no, no.

[00:18:28]I already got it.

[00:18:29]I understand. What kind of I mean, just you're tensing your arms, that's madness. We have enough cases. Come on.

[00:18:37]No.

[00:18:38]I'm going to find no probable cause.

[00:18:39]Just remember when you're out there in the free world if you're going to get lit be very careful.

[00:18:47]Do you understand, Mr. Thurston?

[00:18:48]>> Absolutely. I do.

[00:18:49]>> Let me sorry, did you want to say something?

[00:18:50]>> No, it's okay, Judge. We're dismissing the case.

[00:18:52]Okay.

[00:18:52]>> Just be careful, you know? Really. Okay.

[00:18:56]All right, we got you, sir.

[00:18:57]>> Thank you, Judge.

[00:18:58]>> Thank you, Mr. Haggar.

[00:19:00]I mean, doing the right thing. I got it.

[00:19:02]That's why.

[00:19:02]>> Thank you, Judge.

[00:19:03]>> All right. Always a pleasure, Mr. Haggar.

[00:19:05]>> All right, good seeing you, Judge.

[00:19:07]>> You are Francisco Rodriguez.

[00:19:11]>> Yes.

[00:19:11]>> Mr. Rodriguez, you're charged with with a government record.

[00:19:15]You're facing up to a year in jail and or a $4,000 fine.

[00:19:19]We were going to do probable cause. You have the right to remain silent.

[00:19:23]Anything you say can and will be used against you.

[00:19:25]You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir.

[00:19:31]>> Yes, judge.

[00:19:32]The officer was conducting a traffic stop and observed a vehicle with a temporary tag.

[00:19:39]The officer ran a search that did not come back with a return.

[00:19:44]Traffic stop was conducted and the officer made contact with the driver who said this was their father's car and he got the tag.

[00:19:56]Officers were able to speak with the defendant who stated he was a construction worker and he was given the car as payment.

[00:20:05]The defendant stated he bought the tag off some lady on WhatsApp.

[00:20:10]And the defendant said the lady advised him it was all legit.

[00:20:15]The defendant stated he met the lady once to receive the plate.

[00:20:20]But since then, the plates get mailed every month.

[00:20:24]The defendant paid her $75 a month and had bought approximately 10 plates from her.

[00:20:33]>> Mr. Rodriguez, I'm going to find that there's probable cause to go forward with your case.

[00:20:37]>> [clears throat] >> Tell me, are you a United States citizen?

[00:20:46]Are you in this country with or without permission?

[00:20:50]>> Excuse me.

[00:20:50]>> [snorts] >> Are you in this country with or without permission?

[00:20:57]>> I don't have permission.

[00:20:58]>> What happens if you go to jail?

[00:21:06]>> I don't know.

[00:21:07]I think >> [clears throat] >> levels.

[00:21:17]What would happen to me if I go to jail, you said?

[00:21:19]>> Are you in this country with or without permission, Mr. Rodriguez?

[00:21:28]>> I'm one I'm I'm without permission right now, but I want to fix it.

[00:21:41]I I don't think it's okay that I'm without permission.

[00:21:44]>> Immigration sweeps the jail on a daily basis. Every couple hours immigration goes through to see who is in custody without permission in this country, and if they find you, they will put a detainer on you, and you will sit in jail until the case is over with and then shipped off to to immigration. Well, you will sit for another 6 to 9 months waiting for immigration to do whatever they're going to do.

[00:22:09]If you do not want that to happen, do not violate the conditions that I set forth. Do not pick up any new cases. If I find >> The judge makes one thing clear. Keep breaking the law, and the consequences only get harsher.

[00:22:27]>> Do you have a Texas driver's license?

[00:22:31]>> I had I do, but it expired.

[00:22:34]>> So, you don't have a Texas driver's license.

[00:22:37]You are not allowed to drive.

[00:22:42]>> Can you run his license, please?

[00:22:43]>> There's no license on file.

[00:22:45]>> You are not allowed to drive, Mr. Rodriguez, and I'm telling you now, I don't care what is going on in your life until you have a Texas driver's license and liability insurance, you're not allowed to drive. And if I find that you do, you can be facing a lot of time in jail.

[00:23:01]You will be signing a promise with me.

[00:23:03]This is an affidavit that you're not going to drive. I don't care what's going on in your life. There's nothing you can do or say that can justify getting into a car. I don't care if someone has to go to the hospital. If you don't have a license and liability insurance, no driving. And if I find that you do, I'm going to put you in jail. You will not get any more PR bonds.

[00:23:30]Day after day, I see people who get immigration holds in custody because they don't heed this warning.

[00:23:37]You will not get another warning from us.

[00:23:40]I'm going to have you come up here and swear to us that you're not going to drive. I'll get you to Victoria to sign a reset. You need a lawyer to represent you in this. And so, we were going to give you time to go hire a lawyer.

[00:23:48]After that, you'll be free to go.

[00:23:51]Take care, Mr. Rodriguez.

[00:23:55]All right.

[00:23:57]Is that the last