DWI Defense Lawyer

February 4, 2008

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 Trasnportation Code. Unless you are in a car accident with serious injuries (724.012b) this Prohibition on Taking Specimen applies. Notice how their is now exception for fill in the blank search warrants signed by “cooperative judges.”

Now, pretend you are on the Court of Criminal Appeals. Here are the facts.

February 3, 2008

DMN on Vampire Prosecutors

by Robert Guest

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

January 31, 2008

Colorado County District Attorney- Fill In The Blank Search Warrant

by Robert Guest

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 on open records requests.

To recap- I have been following a TDCAA message board discussion on forced DWI blood draws. Mr. Sparks posted about his counties program and fill in the blank warrant. I filed an open records request asking for this warrant, inter alia.

For your viewing pleasure here is a “fill in the blank” search warrant for your blood.

January 30, 2008

Vampire Prosecutors- Part II

by Robert Guest

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 prosecutors are making an end run around the legislative process with these warrants. But I digress.

Here is a comment by “Greg Davis”-

January 24, 2008

Is Everything a Threat to “Officer Safety”? Wylie PD Edition

by Robert Guest

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 them claming–

Release of theInformation requested would give people insight into our

procedures, which wouldput officers at a disadvantage in a situation regarding:

January 17, 2008

Texas DPS DWI Quota

by Robert Guest

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 such a system. These officers received memos stating that they had to make a minimum number of DWI arrests annualy.

What’s wrong with quotas? Cops chasing a number of arrests, and given wide discretion to interpret “intoxication” will arrest the innocent and spin the evidence.

January 1, 2008

Fort Worth Police- The Needle and the Damage Done

by Robert Guest

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

December 29, 2007

Ask The Expert- Standard Field Sobriety Tests

by Robert Guest

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 published in any peer reviewed journal. Still, they are a standard for DWI enforcement and almost always admitted in every DWI trial.

Steve Rubenzer is a board certified forensic pyscologist and an expert on SFST. His paper, the The Psychometrics and Science of the Standardized Field Sobriety Tests is a must read for any DWI defense lawyer.

I emailed some questions which Dr. Rubenzer was kind enough to answer.

November 27, 2007

Texas Prosecutors Training- DWI is an Opinion Crime

by Robert Guest

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 have a recipe for injustice.

As a prosecutor and defense lawyer I have read the DWI Investigation and Prosecution Training Manual by TDCAA. Until today, I never read the intro. I was to learn that the author of the DWI manual agrees with my conclusion that DWI is an opinion crime.

The goal of this book is to serve as an aid to those prosecutors who face [DWI]

November 19, 2007

Texas Prosecutors- DWI and Closing Arguments

by Robert Guest

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 DWI close. In sum, we teach ADA’s to argue that the defendant was on his way to kill somebody, even if there is no evidence to support that argument.

1. Blood on the Highway- The TDCAA manual tells prosecutors to “spend some time reminding them (the jurors) of the dangers of this offense. The case you are prosecuting may not have involved a crash but the thanks for that goes to the police officer who the skill and training to recognize the danger this defendants posed.”