DWI Defense Lawyer

December 1, 2008

Amarillo Court of Appeals- Case of the Day

I check the fresh opinions from the Dallas Court of Appeals almost daily. TCDLA helps me stay on top of opinions from across the State. Today, a TCDLA member shared an interesting DWI case with the defense bar.

Kurt Wells vs. The State of Texas– This opinion was handed down on 11/25 from the Amarillo court of appeals.

Facts -Kurt was convicted of DWI. Kurt performed the Horizontal Gaze Nystagmus test. (Personally, I would never take the HGN test, because, inter alia, the results are not confirmed on the in dash video tape.) At trial the State offered a statement from the American Optometrist Association declaring that HGN testing was valid and useful in DWI cases.

November 24, 2008

Update- DPS doesn’t know about Secret DWI database

by Robert Guest

www.sobrietytesting.org is the National Sobriety Testing Resources Center. This website limits access to police/prosecutors and shares DWI testing information. Defense attorney’s aren’t welcome.

Naturally, I filed an open records request with the Department of Public Safety to see what documentation, emails, or letters they had from this group.

Today I found out- None.

November 11, 2008

Top Secret Field Sobriety Test Database-

by Robert Guest

A TDCAA message board post led me to the National Sobriety Testing Resource Center, www.sobrietytesting.org.

What is the NSTRC? From their website

Welcome to the National Sobriety Testing Resource Center (NSTRC). The purpose of the Center is to provide a comprehensive source of information regarding standardized field sobriety testing, training and certification for authorized and active law enforcement practitioners and instructors. The NSTRC also provides access to the SFST Training Management System, a voluntary, state oriented practitioner and trainer database. The NSTRC is a cooperative effort of the National Highway Traffic Safety Administration (NHTSA) of the US Department of Transportation and the International Association of Directors of Law Enforcement Standards and Training (IADLEST).

October 25, 2008

Pleading Guilty To Obstruction vs. Having a DWI Trial

by Robert Guest

I’ve had some recent DWI cases plead to Obstruction of a Highway. In each case my client was charged with a DWI, and the case had problems. The choice was between having a DWI jury trial, or pleading guilty to Obstruction.

What is Obstructing a Highway? Read this earlier post.

I usually, if not always, recommend taking the Obstruction plea rather than go to trial on the DWI.

October 24, 2008

Houston Intoxilyzer Scandal- Who Cares About DWI Suspects?

by Robert Guest

Texas has repealed most constitutional protections for DWI suspects. Texas also indoctrinates law enforcement and breath test “experts” with blood on the highway DWI propaganda.

The system forces DWI suspects to take the State’s breath/blood/field sobriety tests, and the State’s witnesses are taught that they must arrest more and convict more or people will die. Is anyone surprised when a DWI lab “expert” starts faking test results? After all, who cares about drunk drivers?

From the Dallas Morning News

October 2, 2008

Texas MADD’s Roadblock Fetish

by Robert Guest

Another legislative session brings another request by MADD for DWI roadblocks. The Texas lege has rejected this bad idea for 10 years. Hopes springs eternal for neo prohibitionist zealots. From DMN

“This could be the year,” said Mary Kardell, the executive director of the North Texas branch of Mothers Against Drunk Driving, referring to renewed efforts to legalize sobriety checkpoints… “There is so much outrage right now.”

What is a DWI roadblock?

September 17, 2008

Kaufman County Bar Meeting- DWI Court

by Robert Guest

The Kaufman County Bar met today. The luncheon was held at Maples Hall, a restored building from 1890 that you can rent for gatherings. It’s an amazing structure and I highly recommend it. If you are in Kaufman, and need to meet for any reason, use Maples Hall.

Kaufman DWI Court

Kaufman is instituting a new DWI court program. What is DWI court? Basically, it’s a new way for our criminal justice system to address addiction. The old way of addressing addiction- incarceration, has not proven effective at changing behavior. An alcoholic who leaves jail is still an alcoholic.

September 8, 2008

Obstructing a Highway

by Robert Guest

You are charged with DWI. You look good on the video, you refuse to blow, and you have no record. The State offers you a plea bargain in which they will dismiss the DWI if you plead guilty to Obstructing a Highway.

What is obstructing a highway?

OAH is a class B misdemeanor in Texas. It is the same level of offense as a DWI but lacks the $1,000+ driver’s license tax upon conviction. It is also the most frequently pled to charge in a DWI case, other than DWI.

August 19, 2008

Happy Labor Day! Dallas No Refusal Blood Draw Weekend

by Robert Guest

Speaking of official oppression, Dallas is planning to celebrate Labor Day by violating your constitutional rights. It’s another “No Refusal” weekend!!

To kick off the festivities Ryan Evans, First Assistant City Manager, sent out this letter regarding DWI no refusal weekends. A reader was kind enough to send me a link to this letter.

The letter begins with a clear misunderstanding of Texas law. From bureaucrat Evans-

“Under the Texas Implied Consent Law a person arrested for DWI is required to provide a breath and/or blood specimen.”

August 14, 2008

Life Sentence for DWI- Fairness Doctrine Edition

by Robert Guest

A recent poll shows that 31% of Americans want the government to regulate blog content via the “Fairness Doctrine”. The FD would force blogs to provide equal time to opposing viewpoints. Let’s see how this would work in practice. Recently, a Wichita Falls man was sentenced to 99 years for DWI. I’ll provide equal time to different viewpoints on the issue.

First up is the DUIblog by Lawrenence Taylor.

So what do you do with someone who has the genetic disease of alcoholism – and continues to drink and drive? Get him treatment for his disease? Or maybe you throw him in prison for the rest of his life.