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Goodbye Retrograde Extrapolation for Breath Test DWIs?
In order of most to least common, the 3 basic defenses to DWI in Texas would be:Not IntoxicatedNot DrivingNot Driving While IntoxicatedI might be wrong about “Not Driving” being a more frequently...
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But Officer, I Can't Do That When I'm Sober (A True Story)
Several years back I took the same class that police officers take to become certified to administer the Field Sobriety Tests. It’s not an impressive feat; I just did it to learn more about DWI...
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A Feisty Question About Refusing the Breath Test
Despite the banner proclaiming that the writer “won’t hide behind an alias” I couldn’t figure out the blogger’s name; his alias is Feisty – or based on the URL, is it perhaps Feisty Geek? – but he sure...
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Can You Flag Down That Prosecutor For Me?
I was in District Court most of the morning and saw an interesting set of events. As they unfolded, I paid more and more attention, but I’m sure I missed some details at the beginning. Here goes:First:...
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Questions: One Always Seems to Lead to Another
My internet stats program for this blog - Mint - keeps track of IP addresses associated with various searches as well as other interesting (if you’re a geek) tidbits of information. Tonight I saw the...
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Maybe It Should Be The Law, But It Isn't
Over two years ago, I wrote a post called “The Implied Consent Fallacy”. In the essay I objected to the legal fiction that everyone knows they are consenting to give a breath or blood test when asked...
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Missed It By That Much
I should know better than to get my hopes up.Yesterday morning, my client’s DWI was set for a pretrial conference. That’s the last setting before a contested pretrial motions hearing in Travis County....
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If the Death Penalty Capital of the World Can Do It...
Harris County DA Pat Lykos has announced that she will allow first time DWI offenders to apply for Pretrial Diversion and/or be eligible for a Deferred Prosecution:Harris County District Attorney Pat...
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Do Prosecutors Trust The Intoxiliar 5000?
Well, Eric Dexheimer, on the Statesman’s Focal Point blog, actually asks the question “Do prosecutors walk the walk with DWI breath tests?”. The answer, of course, is usually a resounding “Hell No!”...
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DWI Dismissal Could Lead To Removal Of Ignition Interlock Device
Proving that the Wichita Falls Times Record News Online is just a little behind what most people would consider news, a few days ago they ran a story titled “First Offense May Require DWI...
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The Last Thing You Need When You're In Trial
…is to check your iPhone during a break and realize that one of your so-called friends has snapped an unfavorable picture of you crossing a deputy and sent it out via email to everyone you know.I’m...
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Do Cops Get To Make Up New DWI Laws?
The Dallas Morning News Crime Blog ran a story recently about stepped up DWI enforcement for a holiday weekend:The message: If you drink and drive during the Labor Day holiday, you will go to...
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Sprung From Cages Out On Highway Nine
From the “Tramps Like Us” version of passed-out-while-intoxicated comes this “DWI” arrest out of New Jersey:A Holmdel man was charged with driving while intoxicated after police found him lying on the...
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A Not So Anonymous Tip
The 911 call:Caller: Somebody's really drunk driving down Granton Road."Dispatch: Okay are you behind them, or...Caller: No, I am them.Dispatch: You am them?Caller: Yes, I am them.Dispatch: Okay so you...
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The Will Of The People
Here’s the text of the resolution, along with my running commentary , on last week’s City Council agenda regarding the possibility of Austin police officers - instead of registered nurses or otherwise...
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DWI Defendants Are Coming! Away! Which Way?
Just in from a marketer via email, with the title line “Thousands of DUI Defendents are Coming!”:Because we are the #1 Google ranked DUI/DWI website, thousands of DUI/DWI defendents[sic– I couldn’t...
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SCRAM Violation? Maybe, Maybe Not...
From an out of state commenter:I received a summons today to appear in court next week. The papers did not even include what the appearance would be for. I have been on the SCRAM bracelet for two...
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Witness Chicken (The Police Version)
Maybe your client is guilty. Maybe it will be easy for the State to prove that your client is guilty. That is, if they can get their witnesses to show up.There are all sorts of reasons that defense...
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So That's What SOAH Stands For
Administrative Law Judges handle all sorts of cases for the State Office of Administrative Hearings – aka SOAH - from the tremendously boring, such as boat motor sales and use tax cases, to the no...
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Voir Dire Questions In A DWI
Dallas DWI lawyer Robert Guest recently asked a question on the Texas DWI Defenders listserv:Dearest Brain Trust, I've been using the same DWI voir dire for a few years and I'm looking for some fresh...
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