Dallas Criminal Defense Lawyer Blog

January 15, 2011

Lawrence Boyd on Lujan vs. State

Lawrence Boyd is a great guy, and a badass Dallas DWI lawyer. He literally wrote the book on Texas ALR hearings. The best DWI lawyers in Texas pay to hear Mr. Boyd speak at seminars.

I had the pleasure of hanging out with Lawrence at a conference last summer (SPI), and am proud to have him as a colleague, and facebook friend.

Facebook is how I got Lawrence thoughts on the Lujan disaster. Larry wrote out the following, as a comment to my shameless facebook link to my own blog post on Lujan vs. State.

January 14, 2011

Lujan vs State- CCA approves drug detection roadblocks, if the cops don’t call it a drug detection roadblock

by Robert Guest

The legislature has batted around the idea of DWI checkpoints for years. Fortunately, our elected officials have never decided to approve the deplorable practice of treating every Texas driver like a criminal sans cause.

Despite the best efforts of MADD, Texans want the police solving crime, not harassing innocent motorists.

Fortunately for the “papiere bitte” crowd, the legislature isn’t the only way to create new police powers in Texas. Save that lobbyists money MADD, invest in a few Amicus Curiaes instead. A body of elected officials in Austin just approved drug detection roadblocks, and it wasn’t the legislature.

January 10, 2011

DeLay’s Justice, was often Justice Denied

by Robert Guest

The system has eaten one of it’s own. The Hammer got 3 to do, and 5 for 10. The same tuff on crime ethos that Tom championed for years has finally bitten him in the ass. Here’s newly minted felon, Tom DeLay, on crime.

From OnTheIssues.Org

Voted NO on funding for alternative sentencing instead of more prisons. (Jun 2000)

January 9, 2011

Kaufman County Jail- Inmate Information

by Robert Guest

Have a loved one stuck in the Kaufman county jail? Want to know what the charges are and how much bail is set at?

Where is the Kaufman County Jail Located?

1900 U.S. 175, Kaufman, TX 75142. If you got to 175 and 34 and take the service road East, it’s on the right, past the new Whataburger and Walmart, just keep going.

January 8, 2011

Me on Rule of Law Radio, Sunday at 8pm

by Robert Guest

I’ll be on with Gary Johnson, 90.1 FM out of Austin tomorrow night at 8pm CT.

http://www.ruleoflawradio.com/#listen

Not sure what our topics are at this point. Gary asked what I wanted to speak on. I told him my best subjects are

January 7, 2011

Flying While Intoxicated? Boating? Amusement Ride Operating?

by Robert Guest

Kaufman County had a rare flying while intoxicated arrest this week. Allegedly, the pilot landed on FM 429 and was arrested shortly after.

Best quote about this arrest from Kaufman Chief Public Defender Andrew Jordan. “This defendant may have trouble making bail… because he poses a flight risk.” Rim shot!

In my entire legal career I had never seen a Texas FWI case. It just doesn’t happen that often. First, most pilots don’t land near police officers. They go from small airport to small airport. Second, we don’t have any aeronautic speed traps. Pilots don’t face the constant leo harrassment that drivers face. If you can find a way to only commute in an airplane, you’d save a lot in potential traffic tickets/police harassment (thought not enough to cover your airplane overhead).

December 27, 2010

The DWI deferred conviction- House Bill 189

by Robert Guest

Thanks to Houston Defense Lawyer Paul Kennedy for tracking down HB 189. I had some tepid enthusiasm after reading the Statesman article. The devil is in the details.

What’s wrong with HB 189? Three quick points.

1. It’s deferred, but still counts a conviction?

December 27, 2010

Deferred for DWI?

by Robert Guest

Beat your spouse, sell some drugs, look at kiddie porn, steal a few Xbox’s from Wal Mart and you can get deferred probation in Texas. (Deferred probation does not result in a conviction if you finish probation). But, catch a case for DWI and deferred is not available. It has been this way since the 80’s when MADD hysteria brought us this dumb on crime law.

The result- DWI is the most common criminal case tried in Texas. Backlogs are common in big counties, and weak DWI cases are often pled as “obstruction of a highway” or “reckless driving”.

A bill has been filed to allow deferred for DWI first timers (I can’t find a text of this bill). From the Austin Statesman

December 24, 2010

God and Tokers, Reconciled?

by Robert Guest

In case you missed it, Pat Robertson, yes that Pat Robertson, is questioning the wisdom of cannabis prohibition. I’m amazed it took this long for a Christian Conservative leader to come out against arresting and prosecuting adults for smoking weed. It seems to violate the Golden Rule/ “love your neighbor as yourself” ethos to lock said neighbor in a government cage and steal their money, children, and freedom for consuming a plant.

It also speaks to the glaring inconsistency in mainstream Republican thought. Fiscal conservatism is based on the idea that individuals should be responsible for their own behavior and decisions, and that central planning and oppressive government regulations are bad for America. Free markets, free trade, Adam Smith, self interested rational actors, invisbile hand etc all speak to the idea that individuals, not the State, make better decisions on how to spend money.

Unless you spend that money on “drugs”. Then fiscal conservatism Hulks out and becomes the evil twin, big government social conservatism.

November 17, 2010

Kaufman County Bar Election Results

by Robert Guest

Today was the last bar meeting of the year.

Here are your 2011 Kaufman County Bar Officers-

President- Robert Guest