It’s hard to get very far in a debate over immigration reform without prompting the claim “but they broke the law” — the implication being that, hey, it’s not the Mexicanness we object to, it’s the violation of our infallible, divinely inspired, uniformly just immigration law. – Kerry Howley, Reason…
Dallas Criminal Defense Lawyer Blog
It’s Only Legal If The Government Does It
An Arlington, Texas municipal employee is in trouble for allegedly requesting $400 to make tickets “go away“. Nereida Hermosillo was charged with misuse of official information, a 3rd degree felony. When the Government takes your money to make tickets “go away” it is called deferred adjudication. When a private citizen…
Prosecutors on DWI
TDCAA has a thread on the new DWI fatality statistics. Williamson County DA Jon Bradley hopes these fatality numbers will convince the legislature to mandate blood/breath samples upon arrest. Implied consent laws are repugnant to the 4th Amendment. The idea is that you give your consent to a breath/blood sample…
Lies, Damn Lies, and NHTSA
I don’t enjoy blogging about “alcohol related fatalities.” Every fatality is tragic, and there are real people behind the numbers. However, I don’t believe in using fear to destroy the Constitution and that is what these numbers represent. Here are NHTSA’s numbers for 2006. An alleged .08% drop in alcohol…
Dallas DWI-Mobile Not Being Utilized
The Dallas Sheriff has a mobile DWI command post. The Dallas Morning News is concerned that this DWI-mobile is not being used enough. It seems that the DWI-mobile has been accused or racial profiling. The number of Hispanics arrested by the command center exceeds their demographic representation. This may have…
Labor Day Greetings From MADD
It would not be Labor Day without some MADD fear mongering. MADD is unveiling their latest holiday crackdown on social drinking. IWTS took the opportunity to break down the latest MADD press release. From MADD… Mothers Against Drunk Driving (MADD), the National Highway Traffic Safety Administration (NHTSA) and the Governors…
But I Wasn’t Drunk
It is amazing how many times I hear that line from clients. They are pulled over. They admit to drinking 1-2 drinks. They perform field sobriety tests and then refuse the breath test. They are arrested and charged with DWI. I mentioned earlier that DWI is an opinion crime. We…
MADD’s vision for Texas
MADD has a vision for Texas drinking laws. On the MADD website you can learn about the “loopholes” in Texas drinking laws. MADD tells us that we will not be safe in the Lone Star State until we have Keg Registration, Anti Plea Bargaining Laws, Mandatory BAC testing of all…
Saturday Quick Hits
Proposal For Decrimilaization I am an advocate of ending the drug war. I do not spend a lot of time developing the perfect plan for day when Prohibiton ends. A blogger at To The Lighthouse has an interesting proposal. It’s a good start and I could live with it. DNA…
Professional Courtesy- Cops and DWI
I previously blogged about the concept of professional courtesy among law enforcement. I was prosecuting a speeding ticket against a citizen. My officer had pulled over two speeders at once. One of the speeders was a police officer. That officer was let go with a warning. The other speeder was…