When I use a word it means just what I choose it to mean, neither more nor less.’
– Humpty Dumpty, Through the Looking Glass
Most of the rhetoric surrounding DWI includes statements about drunk drivers. For example, Texas MADD has a “campaign to end drunk driving.” No one supports drunk driving which makes the label great to stifle debate.
Here is an article I wrote for the Ellis County Press.
What is habeas corpus?
“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” – United State Constitution Art. 1, Sec. 9
Sitemeter makes it easy to browse the Google searches of my readers. Here are some recent search terms that led readers to DCDLB (formerly IWTS).
where to buy marijuana in dallas?
Reader, no one in America buys, sells, or uses marijuana. Our dear leaders in the federal government have declared that marijuana is verboten. Americans would never violate our divinely inspired federal drugs laws. I would be shocked if marijuana is for sale in Dallas, shocked!
In Texas if you are not eligible to have an arrest expunged, you may be eligible for a Motion for Non Disclosure. I received many phone calls from people looking to clean up their record. However, expunctions are a very limited option. For most, a MFND is the only option available.
What is a Motion for Non Disclosure?
The Texas Tax Code requires our State comptroller to produce tax stamps for controlled substances. Theoretically, you buy these stamps and then place them on your bag of weed, meth, or crack.
How much are these stamps? $200 per gram for eachcontrolled substance except for pot. Pot is a much more reasonable $3.50 per gram.
For some reason Texas laws refer to marijuana as marihuana. Where did they get that spelling?
If you are pulled over in Texas for a DWI, you have very few rights. You can be arrested with only a police officer’s subjective opinion as evidence. You do not have the right to an attorney prior to giving a breath sample, or even while being held down and forced to give a blood sample. Then you are tried by jurors inundated by MADD propadanda.
What right do you have in Texas? You have the “right” to give a blood sample.
From the Transportation Code-
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 was “discouraging prurient interests in autonomous sex
§ 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.
Are there cops in your bedroom? Should there be? The State of Texas has long considered sex between adults just another area for regulation. Until 2003 consensual adult homosexual sex was a crime in the Lone Star State. Like most bad laws it was rarely enforced. The Supreme Court ruled that the law furthered no legitimate state interest.
Undettered, the State of Texas still enforces a bizarre ban on vibrators. Possessing six or more “obscene devices” is a state jail felony, with a minimum sentence of 6 months in jail. Like most stupid laws, this one is rarely enforced. Only in Texas could selling “obscene devices” carrying the same sentence as Burglary of a Building.
If Texas can not outlaw certain sexual activity, it at least wants to tax it. Last year the legislature passed a $5 tax on strip club patrons to fund sexual assault prevention. The idea being that strip club patrons are somehow responsible for sexual assaults. The only assaults occuring at strip clubs are on the patron’s credit cards.
I routinely get phone calls on Expunctions. There seems to be a lot of bad information floating around so let’s start with the basics.
Expunction is the process of having records of arrest permanently hidden from public view. Failure to obliterate an expunged record is a class B misdemeanor. Yes, the law actually requires that expunged records be “obliterated.”
If your record is expunged you can actually deny ever being arrested (unless you are on the stand in a criminal case).
Dallas Criminal Defense Lawyer Blog