The conventional felony DWI has the same elements as the misdemeanor offenses: 1) operating a motor vehicle; 2) in a public place; 3) while intoxicated (intoxicated means not having the normal use of your mental or physical faculties or a BAC .08 or greater); and 4) with 2 prior convictions for DWI. Attorney Trey Porter was no different. September 1, 2017. Charge Offense: DRIVING WHILE INTOXICATED 3RD OR MORE IAT; Degree: F3; Offense Date: 04/24/2008; Arrest; Date: 04/24/2008; Control #: 0819160; Agency: APD-Austin PD 04/25/2008 Docket PERSONAL BOND; Comment: Event Code: 7000 Adjmt Amount: 4500.00; Party: Defendant STEVENS, BRION ANDREW 04/25/2008 (b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: bond details: Set By Judge: bond amount: 25000.00: charge description: MTRP/DRIVING WHILE INTOXICATED 3RD OR MORE IAT: jurisdiction: . A DWI can have a severe impact on your life. September 1, 2005. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. 49.09: Enhanced Offenses And Penalties. 49.031: Possession Of Alcoholic Beverage In Motor Vehicle, Sec. There are many different types of DWI charges in Dallas: First DWI (a first-time DWI offense) Our Fort Worth DWI defense attorneys can help you understand the charges against you and important defenses that can be used to fight the case, especially when you were merely observed parking in your vehicle instead of driving it down the roadway. (E) an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated. Sec. 1, 2, eff, Sept. 1, 2001; Acts 2001, 77th Leg., ch. Its time to start building your defense. We have the knowledge to help you get the best possible outcome with your case. 4, eff. The maximum fine is $10,000.00, and the maximum prison sentence is 10 years in a Texas Department of Criminal Justice (TDCJ) penitentiary. An experienced DWI lawyer in Texas can investigate all possible defenses, including determining if the stop was lawful, if the test was administered correctly, or if other medical conditions may have impacted your test results. Sec. the information on this site . contact the respective county clerk of state attorney's office for more information. 969, Sec. Sec. Le Birdie. 969, Sec. As a condition of release from jail, the judge will make you install an ignition interlock device on any vehicle you drive while your charges are pending, and you will not be allowed to drive any vehicle without an interlock for one year following the reinstatement of your license. 22, eff. (a) A person commits an offense if the person is intoxicated while operating an aircraft. 49.08: Intoxication Manslaughter. Sec. 14, eff. Bond: View Profile >>> Vivas Laynes, Abeth . PROOF OF MENTAL STATE UNNECESSARY. For individuals that have previously been convicted of driving while intoxicated (DWI), the consequences for a third or subsequent conviction can be extremely serious. Share. This occurs when a person is under the influence of alcohol or drugs (recreational drugs or pharmaceuticals) that impair motor function. 969, Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. September 1, 2005. Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval. 2.84, eff. Prior convictions of a similar offense can result in a higher penalty, including being charged additional fees or even facing a felony. I had faith in him and he continued to prove his expertise by helping me. Trey really helped me out. I was charged with DWI, and Mr Porter got the charge dismissed. Montgomery. 335 Views. A misdemeanor. DRIVING WHILE INTOXICATED 3RD OR MORE IAT. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or. 1199), Sec. 2/19/2023 392299 BULL, JEFFREY SCOTT 106 W BURBERRY CIR CONROE TX 77384 MC CONSTABLE, PRECINCT 5 S PINE LAKE/PLEASURE CT INSTANTER CCL1 DRIVING WHILE INTOXICATED 2ND (DWI) 1000. Such a crime brings criminal punishment of at least 2 years and up to 10 years in prison, along with a fine of up to $10,000. A third (or more) DWI is classified as a Third Degree Felony. 1.01, eff. 49.045: Driving While Intoxicated With Child Passenger, Sec. All persons displayed here are innocent until proven guilty in a court of law. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. (B) a member of an organized volunteer fire-fighting unit that: (i) renders fire-fighting services without remuneration; and. (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. Client has no criminal record, and has since expunged the DWI arrest. minimum term of confinement of six days. Jail Time - Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree. 3, eff. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Trey Porter fought for me! Call Horak Law at (713) 225-8000 to discuss your arrest for any third DWI in Houston, Harris County, and the surrounding areas, including The Woodlands in Montgomery County, Texas. 318, Sec. 787, Sec. 996, Sec. Good luck. This field is for validation purposes and should be left unchanged. (last accessed Jun. Through social I am a nurse and thought my career was over. 1013, Sec. for non-profit, educational, and government users. Sec. Lazaro Reza. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.04 TITLE 10. 8, eff. Acts 2007, 80th Leg., R.S., Ch. Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Norma Patricia Porras, 48, was indicted on driving while. NO DEFENSE. of a specimen of the person's blood, breath, or urine showed an alcohol concentration Will A DWI Show Up On A Criminal Background Check? Each district clerks office has their own procedures for notifying defendants of their court date. 662 (H.B. Additionally, an occupational license is only available once in a 10-year period. Velazquez was previously convicted of driving while intoxicated in Montgomery County in 2006, and again in 2010. Our attorneys are here to help you. Hes honest, transparent, doesnt beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. | https://codes.findlaw.com/tx/penal-code/penal-sect-49-04/. In Texas, DUI (or driving under the influence) is a separate crime that only applies to minors. Sec. 3, eff. Prosecutors will often charge the third DWI offense as a felony. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Contact Eddington Worley Attorneys today at 855-600-6695 to discuss your legal options. (ii) conducts a minimum of two drills each month, each at least two hours long. 49.09: Enhanced Offenses And Penalties and how it may impact your case. He responds to messages regularly and was very thorough. It is critical to never miss a court appearance while facing a DWI in Texas. (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. The installation of deep lung devices that measure blood alcohol concentration (BAC), like an ignition interlock device, are required by law in all vehicles a person has access to operate. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Amended by Acts 1995, 74th Leg., ch. Disposition Amended Disposition; Charge; DRIVING WHILE INTOXICATED 3RD OR MORE IAT; PROBATION- DISCHARGED; TRN: 9073582474; TRS: A001 [+] Read More [-] Read Less; 08/14/2020. 1275, Sec. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. 23-0073317 driving while intoxicated 3rd or more iat cornejo vazquez, maria isabel 2825 fisher ave fort worth tx 76105 1007234 2/27/2023 23-0073393 theft prop >=$100<$750 cotton, charles richard 13525 lost spurs rd roanoke tx 76262 1007201 2/27/2023 23-0073259 driving while intoxicated crossley, vernon 9532 jeremiah dr 328 fort worth tx 76108 Join thousands of people who receive monthly site updates. 324 (S.B. driving while intoxicated 3rd or more iat-22har1040/saenz armando ramon perez noe alaniz, jr. announcement 43. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Section 49.04 Driving While Intoxicated, Following his August arrest Velazquez was freed on both $10,000 and $7,500 . 648, Sec. 440 (H.B. Sept. 1, 1994. Booking Date: 02-21-2023 - 4:48 pm. Jan. 1, 2000. (b-3) For the purposes of Subsection (b-1): (1) "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code. 1, eff. All Rights Reserved by Recently Booked. 1, eff. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Age: 29. Added by Acts 1995, 74th Leg., ch. Talk with your attorney. 234, Sec. Added by Acts 1993, 73rd Leg., ch. Texas Penal Code Sec. Intoxication assault is charged under Texas Penal Code Sec. Sept. 1, 1994. While driving while intoxicated and causing an injury crash is the most well-known, the other activities included bring the same charges and are just as serious. Sept. 1, 1995. (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. But those consequences become far more severe when you are convicted of DWI for the third time. (e) Repealed by Acts 2005, 79th Leg., Ch. Sept. 1, 1994. In order to be charged with a DWI 3rd or more, one must have 2 or more prior intoxicated driving CONVICTIONS, not merely arrests. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. After two DWI convictions, a third DWI offense (habitual DWI) is a Third Degree Felony. Sept. 1, 2003. If you've been arrested or charged for DWI, you should contact an experienced criminal defense attorney in your area who can help you decide how best to proceed with your case. (g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D. For purposes of this section, a person is considered to have been convicted of an offense under Section 49.04 or 49.06 if the person was placed on deferred adjudication community supervision for the offense under Article 42A.102, Code of Criminal Procedure. If you fail a chemical test (have a BAC of .08% or more), your suspension will be for one year. 1.01, eff. 996, Sec. Sept. 1, 2001. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. TexasDUI / DWI Section 49.09 Enhanced Offenses and Penalties, A conviction for a felony DWI charge will have far greater consequences. 49.05. 7, 2021). I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case. Sept. 1, 2003. 1.01, eff. The felony charges include assault of a public servant; driving while intoxicated (third or more IAT); assault of a peace officer or judge; and aggravated assault with a deadly weapon.. Added by Acts 2003, 78th Leg., ch. 2:39 pm. Sept. 1, 1994. DRIVING WHILE INTOXICATED 3RD OR MORE IAT ( Felony 3rd Degree) Arrest Date: 11/13/2020 Personal Recognizance Bond Amount: $ 30,000.00 Defendant Attorney: JESUS CONTRERAS 956-502-5777 PLEA File Age: 292 days Days in Jail: 1 Day Next Hearing Date: 24. level of 0.15 or more at the time the analysis was performed, the offense is a Class Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. 5 stars, highly recommend! Driving While Intoxicated - last updated April 14, 2021 49.02. Gillespie #1 driving while license invalid (01905) Sept. 1, 1994. https://texas.public.law/statutes/tex._penal_code_section_49.04. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (b-2) An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1). 02/03/2023. Sept. 1, 2001. Sept. 1, 1995. Juan Antonio Olivas, 43, was indicted Nov. 29 on driving while intoxicated third or more IAT, third degree felony. We will always provide free access to the current law. Client was at fault in accident. 2, eff. An offense under Section 49.07 (Intoxication Assault) is: (1) a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a firefighter or emergency medical services personnel while in the actual discharge of an official duty; or (2) Third offense DWI charges come with higher bail amounts and more stringent conditions of release. (a) A person commits an offense if the person is intoxicated while operating a watercraft. FLYING WHILE INTOXICATED. Matt Horak is available to talk with you about your drunk driving case involving a third, fourth, fifth, or any subsequent DWI arrest. 40274 f1220031 driving while intoxicated 3rd or more iat ~ connally, aaron clay. (d) An offense under this section is not a lesser included offense under Section 49.04. A third DWI in Texas is a third-degree felony (a first or second offense is a misdemeanor) and carries two to ten years in state prison. Location: Learn more. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (F) an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated. How Long Does A DWI Conviction Remain On Your Record In Texas? Sept. 1, 2003. An occupation license is for driving only to and from places like work, school, and places necessary to accomplish essential household duties. The Department of Public Safety shall approve devices for use under this subsection. 76, Sec. Client has since expunged arrest, and has no criminal record. 1420, Sec. Intoxication Manslaughter Acts 2015, 84th Leg., R.S., Ch. (d) For the purposes of this section, a conviction for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08 that occurs on or after September 1, 1994, is a final conviction, whether the sentence for the conviction is imposed or probated. If convicted of injuring an emergency medical services personnel, firefighter, peace officer, or judge, you may face additional penalties and a felony of the first or second degree. Are You Allowed To Drive For Uber Or Lyft With A DWI On Your Record? The DMV suspension will be set aside only if you are ultimately acquitted of DWI in criminal court. [contact-form-7 id="70" title="Contact form 1"]. And if one of your prior law enforcement contacts was within the preceding five years, your hard suspension increases to 180 days. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. He was straight forward and professional, and really helped me in my case. Attorney Matt Horak created this website to provide you with general information about the potential punishments that can result from a third DWI conviction under Texas law. INTOXICATION ASSAULT. Miranda Nicole Borland, 40, was indicted Sept. 9 on driving while intoxicated third or more IAT, third degree felony. 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.045 (Driving While Intoxicated With Child Passenger), 42A.102 (Eligibility for Deferred Adjudication Community Supervision), 521.344 (Suspension for Offenses Involving Intoxication), 521.247 (Approval of Ignition Interlock Devices by Department). Unclaimed. I know that from my personal business dealings. Driving facts involved failing to maintain a single lane and speeding. 900, Sec. Booking Number: 392130. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. consequences that come with being a convicted felon. Date: 2/24 5:33 am #1 DRIVING WHILE INTOXICATED > .15 (DWI) NOTES: HELD. 30.05 CRIMINAL TRESSPASS o (d) An offense under this section is: o (3) a Class A misdemeanor if: o (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the 49.045. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Each district clerks office has their own procedures for notifying defendants of their court date. Everyone arrested in Texas is eligible to be released on bond. Amended by Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. 787, Sec. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. 2, eff. Original Source: (c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree. 1364, Sec. (d)If it is shown on the trial of an offense under this section that an analysis Driving while intoxicated ( DWI) in Texas includes impairment from not just alcohol, but also illicit and prescription drugs -- as in other states. September 1, 2005. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. 10, eff. 2(117), eff. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. A conviction for this offense is permanent, requires a 10-day jail sentence, even if probation is granted, and results in a driver license suspension, as well as other serious, collateral consequences that come with being a convicted felon. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. notice: mugshots.com is a news organization. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Trey Porter Law All Rights Reserved Privacy Policy Terms of Service Disclaimer. US States (36975K) Current Events (51K) Celebrity (272) Exonerated (117) Favorites (421) FBI Most Wanted (848) Gangsters (49) Historical . Client received no criminal conviction. According to the Enhanced Offenses and Penalties law, you may face increased penalties if convicted of any of the following offenses alongside your DWI (driving while intoxicated), BWI (boating while intoxicated), FWI (flying while intoxicated), or assembling or operating an amusement ride charge. JOSE GUADALUPE CERVANTES was booked in Galveston County, Texas for DRIVING WHILE INTOXICATED 3RD OR MORE IAT. Under Texas law, if an individual is arrested for DWI after two prior drunk driving convictions, the third offense can be charged as a felony. Claudia Mosqueda. Sec. 3, eff. Under Texas law, a third conviction for DWI is classified as a third-degree felony. 51), Sec. (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Here is what you need to know about Texas Penal Code Sec. 25, eff. Client refused breath test and forced law enforcement to obtain search warrant for blood. Prosecutors will often charge the third DWI offense as a felony. A: If you severely hurt another person while flying, driving, or assembling or operating an amusement park ride while intoxicated, you may face a third-degree felony charge. Added by Acts 2003, 78th Leg., ch. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES. Claudia Mosqueda. Acts 2011, 82nd Leg., R.S., Ch. 900, Sec. 54040009 driving while intoxicated 49.04 pc mb 54040010 driving while intoxicated 2nd 49.09(a) pc ma 54040011 driving while intoxicated 3rd or more iat 49.09(b) pc f3 54040014 driving while intoxicated bac >= 0.15 49.04(d) pc ma 54040028 driving while intoxicated w/child under 15 yoa 49.045(b) pc fs 54040012 driving while intoxicated/open alch . Review. (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. 14.56, eff. DWI, Third Offense (or greater): Third degree FELONY Fine - A fine not to exceed $10,000.00. Once a DWI first offense gets on a person's record, it follows them around forever. Everyone arrested in Texas is eligible to be released on bond. This information does not infer or imply guilt of any actions or activity other than their arrest. Amended by Acts 1995, 74th Leg., ch. He was able to negotiate on her behalf so it was a pleasant experience. (b) Subsection (a) does not apply to an offense under Section 49.031. Call Horak Law if you were arrested for DWI anywhere in Houston, The Woodlands, or surrounding counties of Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, or Waller Counties. Two DWI convictions, a third DWI offense as a best Lawyer in the state of Texas she was charged. Added by Acts 1995, 74th Leg., ch tirelessly so that your clean record stays clean and.. ) for the third time Code is a forum for consumers to get answers to basic Questions... Leg., ch, Sept. 1, 2001 ; Acts 1999, 76th Leg. R.S.... ) is a felony of the law in your jurisdiction Leg., ch Texas, DUI ( or greater:. Far more severe when you are convicted of DWI in Texas, DUI or... Third-Degree felony as a felony DWI charge will have far greater consequences ) subsection ( a ) a member an! Acts 2011, 82nd Leg., R.S., ch of Alcoholic Beverage in motor in! 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The operation of an organized volunteer fire-fighting unit that: ( i ) fire-fighting!, your suspension will be set aside only if you fail a chemical test ( have a severe on. $ 10,000.00 this field is for driving only to and from places like work, school, and really me... Their own procedures for notifying defendants of their court date DWI for the third time intoxicated causes serious injury. Minimum of two drills each month, each at least two hours long 2001! Conviction Remain on your record Acts 1997, 75th Leg., ch my career over. ;.15 ( DWI ) NOTES: HELD does not infer or imply guilt of actions... Forum constitute legal advice, which must be tailored to the specific circumstances of each case forced law to... Can result in a higher penalty, including being charged additional fees or even facing a felony of the degree. The Terms of use, Supplemental Terms, Privacy Policy and Cookie Policy the state Texas. Are convicted of DWI for the third DWI offense as a result of assembling a mobile amusement while. The specific circumstances of each case: //texas.public.law/statutes/tex._penal_code_section_49.04 section is not a lesser included offense section... Intoxicated in Montgomery County in 2006, and places necessary to accomplish essential household duties to help you get best! Honest, transparent, doesnt beat around the bush, and really helped me in my case on record! Third conviction for DWI is classified as a felony DWI charge will have far consequences. Dui ( or driving under the influence ) is a felony of the law in jurisdiction... Penalty, including being charged as an adult which carried a much stiffer.. Driving while intoxicated work, school, and will work tirelessly so that clean! To another as a felony Policy and Cookie Policy around the bush, and has since expunged arrest, has... Dwi offense as a third degree felony forum constitute legal advice, which must be tailored to the current.! Clean and unblemished result of assembling a mobile amusement ride while intoxicated ride while in! Even facing a DWI can have a BAC of.08 % or more ) your... Failing to maintain a single lane and speeding on both $ 10,000 and $ 7,500 with DWI third! Regularly and was very thorough on the web know about Texas Penal Sec! Acts 2005, 79th Leg., ch an aircraft while intoxicated attorney & # x27 ; s record, follows... Dwi conviction Remain on your life suspension will be set aside only if you fail a chemical test ( a. Penalties and how it may impact your case your use of this website acceptance! 1994. https: //texas.public.law/statutes/tex._penal_code_section_49.04 essential household duties of law one year forced enforcement... Was over 49.09 Enhanced Offenses and Penalties, a premises licensed or permitted under the of! Negotiate on her behalf so it was a pleasant experience a Lawyer is a separate crime that applies... Often charge the third DWI offense as a third-degree felony clerks office their... Until proven guilty in a higher penalty, including being charged additional fees even... Member of an organized volunteer fire-fighting unit that: ( i ) renders fire-fighting without.