Criminal Law Blog
November 15, 2006
I want to explain what a “12.45” is. The number “12.45” refers to a Texas Penal Code section.
Suppose you are charged with a first time misdemeanor DWI and a misdemeanor evading arrest charge.
Suppose also that through your lawyer, you work out a deal with the prosecutor to resolve both cases, but without a DWI conviction.
It might work something like this. Under section 12.45, you could admit guilt in the evading arrest case and be convicted in it. You could further admit guilt in the DWI case, but you would not be convicted of DWI.
Instead, by going under section 12.45, you would ask the judge to consider in determining your punishment in the evading case in which you are convicted (or placed on probation) your conduct in the DWI case.
You can only do this with permission from the prosecutor. Once you have gotten this case “12.45’d,” then you can’t be prosecuted any further on this case, even though you were not technically convicted in this case.
You cannot get an expunction on a case which has been “12.45’d.”