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Driving While Intoxicated, DWI and Your Drivers License Forney, Texas DWI Defense Lawyer.
Sexual Offenses, Drug Offenses, Assault and Violent Crimes, Theft, Truancy/School Related Criminal Charges.
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).
I recently filed an open records request with the Texas Department of Public Safety. I asked for all videos used to train officer for DWI enforcement. I received one DVD. Here is my review of DWI, The Movie.
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digg_url = ‘http://www.iwasthestate.com/2007/10/review-dwi-enforcement-movie.html’; |
This film starts off by telling officers that “The Research has shown” that there is a good chance a driver is DWI if he exhibits one or more of these signs while driving- Driving Too Slow, Braking Too Soon, Braking Too Fast, Braking Too Late, Weaving In a Lane, Weaving out of a lane, Turning Too fast, Turning Too Wide, Parking Too Far from the Curb, Turning Without a Signal, Making Illegal U Turns, inter alia. |
In sum, nearly every moving violation is a sign of DWI.
To reinforce this idea the video constantly talks about “The Research” that backs up these findings. “The Research has shown” is a constant phrase throught the film. What the video does not state is the research is flawed, biased, has never been subject to peer review, and has only been evaluated by the Government. It is not “research” it is government propoganda disguised as science.
This training video lies to officers. These lies give the moral certainty needed to arrest driver’s who are not intoxicated. “The Research” says it must be done, we can not disagree with “The Research”.
Common sense tells us this “research” is false. Look at the traffic violations listed as signs of intoxication. How many of those traffic violations have you committed this year? How many times were you intoxicated? Yesterday I parked too far from the curb. I must have been completely intoxicated!!
This video helps explain the illogical testimony I often get from troopers. For example, officers often testify that a defendant’s speeding is a sign of intoxication. However, the same officer will then admit that over 99% of speeders are NOT intoxicated.
An officer who will claim that speeding is a sign of intoxication will also never admit the opposite- that the absence of moving violations is a sign of sobriety. Why? “The research” didn’t say that and we do not teach logic 101 at DWI school.
DWI is an opinion crime based on junk science. I give DWI, The Movie an F-. It is however, a must see for anyone concerned with the loss of liberty in an age of Neo Prohibiton.
Client interviews are an important part of criminal defense work. When I first meet a potential client I spend a good amount of time going over the events that led to arrest. Police reports are only going to tell me that some cop thinks my client is guilty. I want to know my client experienced.
I always tell my client’s that I do not care what they did or did not do, if they use or sell drugs, drink and drive, write bad checks etc. I only care that they answer my questions honestly. Proper defense work requires some degree of attorney client-cooperation.
When I was a public defender I noticed that defendants had a hard time opening up. I blamed this on the fact that the defendants saw a public defender as another government employee. That as a public defender I was part of the system or working with the State.
I got a call from a “State Trooper Benevolence” association asking for donations. They told me that for my donation I would get a sticker that identified myself as a supporter of state troopers.
First of all, as a Texas taxpayer and occasional speeding driver I already support the State Troopers. I should have dozens of stickers by now. Second, the idea behind the sticker is that you expect the police to let you go for speeding. The only way to get out of tickets is to be a trooper.
I need to start a telephone campaign for the wrongfully convicted, or for victims of Cannabis Prohibition. Unfortunately no one would want that sticker. A bumper sticker for the “Victims of Cannabis Prohibition” would probably be considered probable cause to search.
To see how Prohibition makes you less safe take the IWTS prohibition inmate challenge.
1. Go to the Texas Offender Information Website.
2. Type in a common name, or your name.
I recently filed an open records request with the Wylie Police Department.. I asked for any and all training materials for DWI and Speeding enforcement, including any local procedures used by Wylie PD.
Like many government agencies the Wylie PD has chosen to stonewall my efforts and requested an Attorney General Opinion. No surprise there.
Here is the reason given by the Wylie Police Chief- Jeff Butters.
I posted earlier on a possible deal between Austin Energy and Austin Police. Allegedly Austin Energy was providing electricity bills to the Austin Police. Austin PD was allegedly using this information to hunt for marijuan grow houses.
I could not confirm this story. ACLU of Texas sent an open records request to Austin Energy to find out if there is any truth to this rumor. I have sent a similar request to Austin PD.
ACLU Texas is an important force in the war on Prohibition. I’m glad they are investigating this story.
Fellow Texas Tech alum Karen Tandy has resigned from the DEA after 4 years of complete and utter failure. She will join Motorola as their public policy vice president.
Amazing coincidence!Motorola is also the chief sponsor of the DEA museum. I will never buy another Motorola product.
Let’s look at Karen Tandy’s sorry tenure as DEA chief
Pushingback- “If we accept addiction, the addicts win”
Pushingback.com is outraged at the idea of a safe injection clinic in San Francisco. They even borrow some War on Terror rhetoric. If we accept addiction, and quit arresting users, the addicts win.
Bertha Madras, deputy director of demand reduction for the White House Office of
Brilliant. This is fairly old, but dead on in election season.
Dallas Criminal Defense Lawyer Blog