The Collin County District Attorney is proud of their forced blood draw DWI program. They bragged about it to the media, and on the TDCAA message board. However, they were less enthusiastic when it came to my open records request. As I expected the Collin County DA fired off a…
Dallas Criminal Defense Lawyer Blog
Texas “obscene device” law unconstitutional
Texas had a long standing ban on selling “obscene devices” (vibrators etc). Yesterday, the 5th circuit corut of appeals correctly ruled that statute is unconstitutional. The judges cited the Lawrenece (striking the Texas sodomy laws) case in their decision. Texas- Autonomous sex threatens us all. Texas argued that the State…
Q&A With DailyCrimeReport.com
DailyCrimeReport.com is a new site that publishes crime reports fresh for the Dallas Police database. It is a subscription service that allows concerned citizens to monitor crime in their neighborhood. To learn more I sent some questions to Avi Adelman. 1. Background-Resume I have been a graphic designer – print…
Your Governor and Open Records
WikiFOIA is running an open records expiriment. Bloggers are filing open records requests asking their Governor for email. I am proud to be part of this project and will send a request to Rick Perry today via email (my preferred method). This project is in response to a series of…
Dallas Police/TABC- Tax Dollars for Lap Dances and Beer
I recently filed an open records request seeking information on undercover TABC activity at strip clubs. I asked for information on all such operations in Dallas County. Not be left out of wasting tax dollars, the Dallas Police also conduct undercover strip club operations. I received a large stack of…
Kaufman Attorney Waivers- HB 1178 in Action
I blogged on the progress, and eventual signing of HB 1178. This bill prevents prosecutors from speaking with pro se defendants until those defendants have signed an attorney waiver. Here is a Kaufman District Court waiver. Would you sign this? I had experience with a similar (and much shorter) waiver…
Dallas DWI School Tommorow
I will be at a DWI CLE (continuing legal education)seminar all day tommorow. Check back Saturday for new posts. I am attending the Winning Edge DWI seminar in Plano. I’ve heard great things about this conference and I hope it makes be a better advocate for my clients. Here is…
Quote of the Day- St. John Chrsostom
Yet another Saying Yes gem. This quote is from St. John Chrysostom. “I hear many cry when deplorable excesses happen, ‘Would there were no wine!’ Oh, folly! Oh, madness! It is the wine that causes this abuse? No. . . . If you say, ‘Would there were no wine’ because…
Saying Yes- Quick Hits
I’ve just started Saying Yes, In Defense of Drug Use by Jacub Sullum. This is the book that made Bill O’Reilly throw a fit on Fox News (you tube has the video). Thoughts from reading SY- 1. What is morally different between using alcohol and “illegal” drugs? The leading Prohibitionists…
Texas DWI Law- Prohibition on Taking Specimen If Person Refuses
§ 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…