Newspaper Archive of
The Malakoff News
Malakoff, Texas
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November 3, 1983     The Malakoff News
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November 3, 1983
 

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14A-.The Malakoff News, Thursday, Nov. 3, 1~ By FRANK SOPUCH A new county court of law will be needed soon to handle an anticipated increase in Driving While Intoxicated trials, according to Henderson County Judge Winston Reagan, due to stiffer penaRies imposed by new state legislation effective Jan. I, 19M The judge revealed he will ask the Henderson County Bar Association for their support this week in requesting county commissioners institute the proposed tribunal. The area bar association will meet Friday, Nov. 4, at noon in the Spanish Trace Inn. Judge Reagan said a bill enabling the county commissioners to create a county court of law had been passed several years ago by the state legislature when Athens attorney Fred Head served as this area's state representative. A county court of law presided over by a judge appointed from attorney ranks would convene more often than the weekly county court docket to handle misdemeanor cases. The proposed court of law would have concurrent jurisdiction with the district attorney's office in Athens, explained Judge Reagan who said he runs "as good a court as any in East Texas." However, the Chandler native predicts he will not be able to carry out the other duties of his office and "keev up" with an anticipated overload of DWI trials after Jan. I, 1984. The judge estimates between 40 to 70 percent of his weekly Tuesday docket call is currently taken up with DWI offenses, an increase of more than 5C percent since the beginning of this year, and he expects even more persons accused of DWI to request trials because of stiffer penalties provided in the new law. The new law will do away with deferred adjudication probations, which have been the standard penalty for most first offense DWI convictions, and instead provides that most persons have to spend at least 72 hours in the county jail, pay a fine and remain on probation during a year or more. Under deferred adjudication a person's final conviction is dismissed if they do not violate probation. The new law does not have as much effect on DWI felony penalties, but it does provide that the first pair of DWI convictions are misdemeanors and calls for even stiffer penalties in the case of second DWI offenses. Persons with two prior misdemeanor convictions in county courts will face felony charges in district court, and possible prison sentences, if charged a third time. Current law labels a second offense DWI as a felony, but in practice many people arrested several times for DWI offenses never face felony charges because present deferred adjudication probation does not count as a final conviction. Presently the majority of those charged with DWI agree to plead ,,uilty, pay fines of $350 or more and serve the year of deferred adjudicated probation. With the new law not only calling for stiffer penalties, but also making it easier for the Texas Department of Public Safety to suspend or revoke the driver's license of those convicted of DWI, more people will probably request jury trials, according to Judge Reagan. Upon conviction under the new law a first offender could lose his license for 90 days to a year and repeat offenders face suspensions of 180 days to two years. The legislation also tightens provisions allowing people to drive to work and back while their license is suspended. Currently anyone with .I0 per cent or more alcohol concentration in his blood as evidenced by a breathalyzer test is deemed guilty of DWI. Under the new law, if a driver refuses to take a breathalyzer or similar test, he will lose his driver's license for 90 clays and the fact he refused the test may be introduced in court and con- sidered by jurors and a judge in determining guilt. LITTLE TOTS at the Malakoff Day Care Center dressed up Halloween day in their favorite character costumes. (Staff photo by Lisa Weaks) Meat is best Malakoff Elementary buy this fall -- i Schedule of Coming Events: busy. The Fifth Grade musical, "The "Now is an excellent time for cost- I) Nov.7th-Photographers will return Weather Company," was presentedconsccious consumers to stock up on to school for picture re-takes; Friday, October 28th for all the students meat this fof the freezer," says Mary K. 2) Nov. llth-End of second six weeks at the elementary campus. Sweeten, a foods and nutrition ...... specialist with the TeXas A&M Unlver- of school, report cards will be sent A magic show was presented Nov. 1st sity Agricultural Extension Service. homeNov. 17th; for all the students. It was enjoyed by More cattle and hogs are being 3) Nov. 21st-The Second Grade class all. marketed because of- the summer will present their class program, "The ABC'sofThanksgiving." Don't forget - feel free to join us drought. The past week at school was very anytime at the Elementary School. If a friendly face and a helping hand is part of what you're looking for in a banker, meet Steve Sutton, president of InterFirst Bank Malakoff. As president and chiet executive officer, Steve oversees the entire bank operation. But he still has time to work closely with his many business customers to give them something more than just financial assistance ... he gives support. Discover more than just a bank with regular banking serv- ices ... come to InterFirst Bank Malakoff and find out what folks like Steve Sutton can add to banking. Listen to "Henderson County History" every weekday morning at 8:15 on KCKL Radio, 96 FM. InterFirst Bank Malakoff Post Office Box 449 Malakofl, Texas 75148 (214) 489-0530 MEMBER FDIC The law also requires counties of more than 25,000 population to videotape all drivers arrested for DWI offenses to provide a permanent record of how the accused looked and behaved when taken into custody. The tape can be submitted during a trial for consideration by the judge and jury. The new law calls for fines of $200 to $1,000, depending on how many times a person has been convicted of DWI. If the accused seriously injures another person in conection with the DWI charge, an additional $500 fine and 60 day jail term can be levied to the above- mentioned penalties. Under certain circumstances a repeat DWI offender can be forced to forfeit his automobile to the state and some drivers may be unable to afford mandatory insurance since companies will be allowed to levy a surcharge for up to three years on rates applied to r)wI offenders. Probation terms will also be affected by the new law. Those receiving probation for DWI must be evaluated to see if he or she needs alcohol or drug rehabilitation. After Jan. 1 all DWI convictions, including those successfully completing terms of probation, will be classified as final convictions meaning the next time the person is charged with DWI his penalty will be even stiffer. FEED. SEED. SUPPLIES KENNETH I.I[WI$ OMI(! WESTHWY. 31, KEtEN$ CAL Best Country Cookin' in Area Restaurant And Coffee Shop Featuring Prime Rib Tuesday Night $GgS New Hours Sun.- Thurs. 6 a.m. 9:30 p.m. Fri.-Sat. 6 a.m.-ll p.m. pl with happy hour- 4- 8 p.m. Memberships Available Hwy. 31 West 489-0638 mll Lumpy Oouoh & Busted Ohair? Oan't Afford a Big Down Payment? -A- No Credit Check Service & Delivery Included No Long-Term Obligation Immediate Delivery A Week (Living, Dining Bedroom) (FORMERLY COLORWORLD) (FORMERL Y COLORWORLD) HWY. 85 WEST* GUN BARREL FURNITURE - TV- or 416 S. Palestine 675-1666 Athens Prices Good Oct. 31-Nov, 5 8 a.m.-7 p.m. 1111 E, Tyler 677-1093 Cooling System Flush and Fill Drain and b'~ck flusl syslem wilh prole! power flush syst, up Io 2 gal an new new flush Inspect cooling SY ho,';es, belts, and Free WaI-Marl TIRE FREE Mounting with purchase of any new tire 4 CYI' Everyday Low Price General Ameri. Sprint 4 Ply polyester b~as pty tim Bias belted tire in larger s,zes Handsome whitewall styhHg nllllll Size 6.00-12 F.E.T. 1.42 Polyester Tire Price F E T P165180D13 27.98 1 50 P175180D13 29.74 1 59 P185175D14 32.76 1.78 "P195175B14 3 5.68 2.00 "P205175B14 36.9e 2.11 *P215/75B14 39.87 2.24 6.00-15 35.86 1.63 * P215175B15 38.86 2.37 * P225175B15 42.74 2 52 *P235175B15 44.96 "Denotes Bias Belted Tire 2.72 J WAL-MART'S ADVERTISED MERCHANDISE POLICY -- It Is our ir~tentiorl to have evely adverhsPd ih;m in stock However it dut~ Io any ur/fotPset,rl/eason an advet- heed item is not awtllable tel purchase Wal Mart will it~sue a ~aff~ Ch~( k on req~Jes|, for the ~t~'lchar~(,Jlse tO be purchased at the sale price wh~.,never available ot will sell you d eire~ar flem at a COmparable redt,Ichon in DrlGe, We reserve the rlghl tO Jlmrt QtJ~llltlJltts 29.96 cy,. 33.97 s Electronic ignition Tune-Up , ~,dle ~p~ed Sel timing .Ad~U:':; ,,~rg~n~ _ Test ha,few and. ;";r~ixlgr~: System AdFjsl tu~" using infra-r~;d li( Additional partS, cost extra Sial $5 additional 4 Wheels For $, e Wheel Balance Tiros balanced on Io~t Instal neW wn~,, ,,, nO#O~'" ~ tv~wheeIS "" odditionm