Criminal Law - Practice area
Criminal Law

DWI, Drugs, Assault, Probation Revocation, Sexual Offenses, Theft, Juvenile Defense. Felony and Misdemeanor Offenses in State and Federal Court

DUI - Practice area
DWI

Driving While Intoxicated, DWI and Your Drivers License Forney, Texas DWI Defense Lawyer.

Juvenile Law - Practice area
Juvenile Law

Sexual Offenses, Drug Offenses, Assault and Violent Crimes, Theft, Truancy/School Related Criminal Charges.

Blogging inspiration can be hard to come by. In the past my goal was to write almost every day. Now I’m down to about 4.5 posts a week. One reason is I do a lot more self editing and censorship.

Long time readers will remember IWasTheState.com, my first blog. That blog included discussions on free market ideas, libertarian politics, objectivism, the national debt etc. It was an informal blogspot (blogger) project. My first post was about my trip to Italy.

Last year I dumped IWTS for DallasCrimianlDefenseLawyerBlog. Even the title indicates that I’m bowing to the Google search engine gods. The quest for SEO relevancy/more hits has led to more self censorship than before (not less grammatical errors however).

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.

The police pull you over and find a suspicious white powder in your car. You swear this powder is for your athlete’s foot. The police believe this powder is cocaine.

You are booked into jail. Bail is set at $25,000. The powder is sent to the DPS lab for further testing. You spend two weeks in jail but the DPS lab report comes back negative. Vindicated, you leave jail, short two weeks of life you will never get back.

Think that never happens? You must not practice criminal defense in Texas.

Texas has some of our nation’s most outdated marijuana laws. Possession of any usable amount of pot is a Class B misdemeanor that carries a sentence of up to 6 months in jail, and a $2,000 fine. In reality most misdemeanor pot defendants get probation. However, Texas makes no distinction between recreational and medicinal pot smokers. All marijuana consumers are criminals in Texas.

I have witnessed the prosecution of the infirm for marijuana possession. It is a horrible practice that degrades our justice system. If prosecutors will not use their discretion to dismiss cases against the sick, then Texas must join the 14 other states that allow the medical use of marijuana.

To that end House Bill 164 was submitted last week. The text of the bill can be viewed here. Notice our state’s peculiar spelling of “marihuana.”

A Dallas Morning News story lays out the simple arithmetic of wrongful convictions. Lack of discovery for defendants plus prosecutors who hide Brady material= Wrongful conviction.

From DMN

Antrone Lynelle Johnson twice was convicted of sexual assault as a high school student, earning him a life sentence.

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).

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