Dallas Criminal Defense Lawyer Blog

March 18, 2008

Kaufman DWI Videos 2.0

As long as I have been practicing criminal law I have been watching DWI videos. As a prosecutor in East Texas DWI videos were on VHS tapes. This was very inconvenient for trial. I had to write down the time stamp for each scene I wanted, while noting all any objectionable material (defendant’s criminal history blaring over the police radio) etc. I spent time at trial awkwardly fast forwarding, reversing, pausing etc. Very cumbersome, those old VHS tapes.

In Kaufman County DWI videos are on DVD. Not a great technological leap forward from VHS. A DVD has a better picture, and is more convenient to browse. However, a DVD offers no more information than a VHS tape.

AVD Viewer-

March 17, 2008

Quotes of the day- John Adams

by Robert Guest

HBO looks to have another winner with John Adams. I think it is fitting that The Wire is being succeeded by the story of America’s Revolution. Whereas The Wire highlights tyranny’s creation- Prohibition, John Adams is about the revolution and ideas that gave us freedom.

It is unfortunate that we abandon freedom so easily. Whether is to fight drunk drivers, stop pot smokers, or take on the boogeyman of the day Americans have rarely shown so little affinity for our birthright- liberty.

From WikiQuote-

March 16, 2008

Texas MADD on Sobriety Checkpoints

by Robert Guest

MADD is on a never ending quest to destroy the Bill of Rights. To MADD any protection for suspects/defendants, any privacy rights, any amount of due process is simply an obstruction on their neo prohibitionist highway.

The Texas lege is usually an easy target for the MADD lobby. However, Texas is one of the last states to protect it’s citizenry from DWI roadblocks. Texas MADD had this list of “Myths” and “Facts” about sobriety checkpoints on their website. Before the lobbying begins this time around, let’s review their arguments.

Myths About Sobriety Checkpoints

March 14, 2008

Drug Free America Poll- Drug Use Is Victimless Crime

by Robert Guest

The Drug Free America Foundation is a non profit group that advocates for the War on Drugs. I actually support this group financially because they are a recipient of large annual grants from the federal government. It’s not bad enough the feds arrest and incarcerate millions of Americans, they also waste tax dollars on redundant propaganda.

Survey Says- Drug Use Is Victimless

DFAF has an online survey on drug use. Here are the results

March 13, 2008

Texas Prosecutors, Open Records, and RateMyCop.com

by Robert Guest

Ratemycop.com is a new website where the public can post information on law enforcement. RMC is sending out open records requests to Texas law enforcement agencies. District Attorney offices are responsible for handling some Open Records requests.

How do you think prosecutors feel about Open Records/RateMyCop.com? Let’s ask Jim Tirey of Plainview, Texas. From the TDCAA message board.

There are many PIA requestors who are merely out to harass a particular government organization. They make hundreds, if not thousands of requests on a continuing basis. The government entity has to comply; there is no exception for harassing requests.

March 11, 2008

Texas DWI Blood Draw Warrants- What If You Still Refuse?

by Robert Guest

I have been following the embarrassing proliferation of forced blood draw warrants in Texas. One issue that has not been covered is what happens when a subject is faced with a warrant and still refuses the blood test? Prosecutor Jeff Swain (Parker County) wrote an article describing the horrific practice in his county.

Our DWI search warrant blood-draw program has been up and running for two years now. The judges are still willing participants, with the fax machines still in their homes. One of our greatest concerns—the defendant who fights to avoid the blood draw—has not materialized on a significant level. While a good number of arrestees say they will not let the blood draw occur, a show of force by a few officers standing nearby has stopped all but two from actually resisting the process. In those two exceptional situations, the officers teamed up, some holding the defendant to a chair and others holding his arm to the arm of the chair with towels. Blood was withdrawn from the arrestees’ arms at that point without further incident.

Why are these forced blood draws necessary in Parker County? Because the State lost a DWI case.

March 10, 2008

I Was I Was The State. On DCDLB

by Robert Guest

It has come to my attention that some readers are not completely in love with the new name of IWTS. I Was The State was easier to remember and the initials IWTS look a lot better than DCDLB. However, I am working on the advise of the Justia experts and I hope these changes will lead me to larger audience.

I own IWasTheState.com and it shall continue to redirect here for the foreseeable future. I suggest adding this site to your favorites (or RSS reader) to avoid a misspelling.

I also realize the grammar/spelling/English has gone down since the move. Movable Type is a harder platform to edit. Blogger was much easier.

March 9, 2008

Intoxilyzer 5000- Texas Operator’s Manual

by Robert Guest

Texas employs the Intoxilyzer 5000 is used for DWI Breath Alcohol Testing. The Operator’s Manual for this machine is available online here. I know you don’t want to read this manual so let me share some points of interest.

1. The Intoxilyzer Does Not Measure Alcohol

Really. It measures the decrease of energy in a small tube. From the manual-