§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer. This is part of the “implied consent” chapter of the Texas…
The Dallas Morning News has a story on Vampire Prosecutors. Here are some quotes from Greg Davis, a Collin County ADA. Police officers will fax paperwork for the search warrants to a judge who will be on call to review the requests, said Greg Davis, Collin County first district attorney.…
Ken Sparks, from the Colorado County DA’s office was kind enough to quickly respond to my open records request (Thanks, Ken!). Although I may disagree with my prosecutor colleagues on the issues, it is more often than not that we can work together. If only City Attorneys were as cooperative…
The TDCAA thread on forced blood draws is becoming a self congratulatory orgy. What is missing in this discussion is whether these forced blood draws are being used merely to convict, or if justice is being done. Barring an injury accident, Texans have the right to refuse blood/breath testing. These…
To recap- I filed an open records request for any local DWI enforcement materials developed or used by Wylie PD. At trial two officers testified these materials did not exist. Through an open records request I learned that not only do such materials exists, but the City tried to withold…
DWI is a danger to liberty because Officers have unlimited discretion to subjectively decide you are “intoxicated.” Combined with SFST junk science and you have a recipe for injustice. What could make that situation even worse for the citizens of Texas? DWI arrest quotas. Austin DPS troopers operating under just…
The Fort Worth Police, along with the Tarrant County District Attorney have brought the Metroplex to a new low for civil liberties. For the MADD/fascism crowd here is your hero, The idea for the ‘no refusal’ holiday actually came from senior prosecutor Lloyd Whelchel of the Tarrant County District Attorney’s…
The vast majority of DWI arrests involve Standard Field Sobriety Test (SFST). The 3 tests are the Hortizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. These tests were developed by the federal government to help arrest drivers for DWI. SFSTs and the “science” behind them have never been…
DWI prosecution is a threat to freedom because it is an opinion crime. href=”http://www.duiblog.com/2007/11/27/another-dui-supercop-2/”>it is easy for cops to file false DWI charges, or unilaterally decide that a suspect is intoxicated and arrest. Combine the vague law with the “you must arrest more” propaganda we feed young cops and you…
Closing arguments are an important part of any jury trial. After both sides present their witnesses and evidence we have closing arguments. The State gets two closing arguments- one before and one after the Defense. From the TDCAA Publication “DWI Investigation and Prosecution” comes these exiting tips on the State’s…