Dallas Criminal Defense Lawyer Blog

February 15, 2008

Collin County District Attorney- The Path Of Least Disclosure

The Collin County District Attorney is proud of their forced blood draw DWI program. They bragged about it to the media, and on the TDCAA message board.

However, they were less enthusiastic when it came to my open records request. As I expected the Collin County DA fired off a letter to the Attorney General asking to keep details of this program secret.

The AG request (right) is notable only for it’s pathetic brevity. AG requests usually carry histrionics about officer safety. Collin County merely lists statute numbers and asks for relief.

February 13, 2008

Texas “obscene device” law unconstitutional

by Robert Guest

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

February 12, 2008

Q&A With DailyCrimeReport.com

by Robert Guest

DailyCrimeReport.com is a new site that publishes crime reports fresh for the Dallas Police database. It is a subscription service that allows concerned citizens to monitor crime in their neighborhood. To learn more I sent some questions to Avi Adelman.

1. Background-Resume

I have been a graphic designer – print and website – for about 20 years, mostly corporate materials but now focused on small and medium business projects.My original degree is in public relations and journalism.

February 11, 2008

Your Governor and Open Records

by Robert Guest

WikiFOIA is running an open records expiriment. Bloggers are filing open records requests asking their Governor for email. I am proud to be part of this project and will send a request to Rick Perry today via email (my preferred method).

This project is in response to a series of incident of email destruction among executives in Government. For the history click here.

If you want to join this Sunshine Bloggers Project feel free. Here are the instructions.

February 11, 2008

Dallas Police/TABC- Tax Dollars for Lap Dances and Beer

by Robert Guest

I recently filed an open records request seeking information on undercover TABC activity at strip clubs. I asked for information on all such operations in Dallas County. Not be left out of wasting tax dollars, the Dallas Police also conduct undercover strip club operations.

I received a large stack of papers and CD with more documents. After a quick glance here are some observations.

Purchase of Evidence

February 10, 2008

Kaufman Attorney Waivers- HB 1178 in Action

by Robert Guest

I blogged on the progress, and eventual signing of HB 1178.

This bill prevents prosecutors from speaking with pro se defendants until those defendants have signed an attorney waiver.

Here is a Kaufman District Court waiver. Would you sign this?

February 7, 2008

Dallas DWI School Tommorow

by Robert Guest

I will be at a DWI CLE (continuing legal education)seminar all day tommorow. Check back Saturday for new posts. I am attending the Winning Edge DWI seminar in Plano. I’ve heard great things about this conference and I hope it makes be a better advocate for my clients.

Here is something to check out while I’m gone.

Ten Funniest Anti Drug Commericals

February 6, 2008

Quote of the Day- St. John Chrsostom

by Robert Guest

Yet another Saying Yes gem. This quote is from St. John Chrysostom.

“I hear many cry when deplorable excesses happen, ‘Would there were no wine!’

Oh, folly! Oh, madness! It is the wine that causes this abuse? No. . . . If you

February 6, 2008

Saying Yes- Quick Hits

by Robert Guest

I’ve just started Saying Yes, In Defense of Drug Use by Jacub Sullum. This is the book that made Bill O’Reilly throw a fit on Fox News (you tube has the video).

Thoughts from reading SY-

1. What is morally different between using alcohol and “illegal” drugs? The leading Prohibitionists (Bill Bennett etc) claim that drug use is morally wrong. Why? Because for some reason alcohol can be used responsibly where pot and other illegal drugs can not. Mr. Sullum does a good job deconstructing this idiotic dichotomy.

February 4, 2008

Texas DWI Law- Prohibition on Taking Specimen If Person Refuses

by Robert Guest

§ 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.