Dallas Morning News has yet another story on the proliferation of DWI blood warrants. This time the Dallas Police are joining the bandwagon of cities who have chosen to circumvent the law and violate your right to refuse blood testing.
What about the right to counsel? Will these DWI suspects have the right to consult an attorney before the Dallas Police forcefully remove their blood?
Texas Bill of Rights
I spent the morning at the State Office of Administrative Hearings in Dallas. SOAH is where all live Dallas ALR hearings are held. You can also request a telephone hearing. Ceteris paribus, I prefer a live hearing. A live cross examination contains more useful information than one by phone.
What is an ALR hearing?
ALR stands for Administrative License Revocation hearing. These hearings are triggered when you are arrested for DWI. Refusing, or failing a breath/blood test allows the State to suspend your license. If you request an ALR hearing your attorney can challenge the suspension and by association, your DWI arrest itself. These hearings are held separately from any criminal case. Winning at the ALR has no effect on a later criminal case.
Until yesterday I had never viewed any of A&E’s Dallas SWAT reality show. Last night I caught about 15 minutes of one episode. This 1/4 hour of television showed much of what is wrong with law enforcement. Here is what went down on Dallas SWAT.
Home Invasion Search
The SWAT team was preparing to arrest a woman on an outstanding drug warrant. The house was known to have children inside. SWAT members formulated a plan to rip the door off the house and storm the residence.
I had a ticket case in Dallas today. If you get a ticket from the City of Dallas you are sent to the Dallas Municipal Court. The court is located downtown at 2014 W Main.
I needed to work out a traffic violation with the prosecutor. Sounds easy enough. However, going to an unfamiliar court and learning the process is always an experience. Here is how I spent the morning at the Dallas Muni Court.
First I went to the main information desk. A very friendly employee informed me that I needed to visit “Station 11” to “register”. Station 11 is not as impressive as it sounds. S11 is a walk up window with an “11” placard dangling from the ceiling.
Dallas County District Attorney Craig Watkins is Texas’ best DA when it comes to seeking out wrongful convictions. Mr. Watkins exoneration work has uncovered a startling trend- many wrongful convictions involve prosecutors who purposefully hid evidence from the defense.
Mr. Watkins proposes criminal and state bar sanctions for prosecutors who hide evidence to convict the innocent. This proposal has generated some wonderful debate on the issue from TDCAA, Grits for Breakfast, Bryan Attorney Steven Gustistis, Simple Justice.
Texas law limits discovery in criminal cases. However, the Constitution requires prosecutors to turn over “Brady Material”. Brady material consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant.
Today’s DMN has a shocking story. Dallas Auto Theft Task Force agents knew that one of their snitches was going to rob a tractor trailer with $1m in cigarettes. The police, not wanting to ruin their important investigation, told no one.
This robbery took place in Waxahachie, in Ellis County. From DMN-
When several men broke into a Waxahachie truck terminal last October, tied up a security guard at gun point and crashed a semi-trailer loaded with $1 million in cigarettes through the front gate, they didn’t know one of them was a snitch for the Dallas County Sheriff’s Department.
DMN reports that Dallas County Criminal courts have a growing backlog of felony cases.. Even with the addition of two new felony courts in 2005 the number of pending cases is still growing each year. DMN estimates there are 24,126 pending felony cases in Dallas.
What could possibly cause such a huge growing backlog of felony cases? Hmmm…. DMN explores.
The reasons given for this vary, depending on whom you ask. The local criminal justice system has many parts, and defense lawyers and prosecutors can contribute to slow-moving cases. Some cases are more complex and difficult than others, and thus take longer to try. But judges play a big role, too – for example, in the speed with which they hear motions and make decisions.
What were these illegal immigrants doing that posed such a threat to Dallasites? Working… as security guards… at nightclubs. Hit the xeno panic alarm!! Mexicans are coming to take our bouncer jobs!! Mr. Watkins proudly sums up the operation with this quote-
“Hopefully, this operation will help us send a message that we will not tolerate the falsification of documents for undocumented aliens under the guise of providing security,” Dallas County District Attorney Craig Watkins said.
The Dallas Police Ticket Scandal finally reached a conclusion with the firing of three officers and the suspension of one. The officers wrote false information on tickets. These tickets turned into warrants which led to the arrest of innocent defendants.
What was the police officer’s defense? Those falsely arrested were poor.
“None of these charges merit termination at all,” {Attorney] David Schiller said. “These are excellent officers who were out there every day working with the lowest common denominator … in an area that needed enforcement.”
DMN Letter
The Dallas Morning News Published a letter I sent on the Dallas Cell Phone Ban. IWTS readers will recognize it as an earlier post.
Simple Justice- Cell Phone Kills Children.
Dallas Criminal Defense Lawyer Blog