Proving that the Wichita Falls Times Record News Online is just a little behind what most people would consider news, a few days ago they ran a story titled “First Offense May Require DWI Device”: Repeat drinking and
Austin DWI Lawyer
Texas DWI Laws and Defense of DWI Charges
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Do Prosecutors Trust The Intoxiliar 5000?
Well, Eric Dexheimer, on the Statesman’s Focal Point blog, actually asks the question “Do prosecutors walk the walk with DWI breath tests?”. The answer, of course, is usually a resounding “Hell No!” but a more interesting question is…
If the Death Penalty Capital of the World Can Do It…
Harris County DA Pat Lykos has announced that she will allow first time DWI offenders to apply for Pretrial Diversion and/or be eligible for a Deferred Prosecution:
Harris County District Attorney Pat Lykos announced plans Friday for a program that…
Missed It By That Much
I should know better than to get my hopes up.
Yesterday morning, my client’s DWI was set for a pretrial conference. That’s the last setting before a contested pretrial motions hearing in Travis County. But it doesn’t get set for pretrial…
Maybe It Should Be The Law, But It Isn’t
Over two years ago, I wrote a post called “The Implied Consent Fallacy”. In the essay I objected to the legal fiction that everyone knows they are consenting to give a breath or blood test when asked by…
Questions: One Always Seems to Lead to Another
My internet stats program for this blog – Mint – keeps track of IP addresses associated with various searches as well as other interesting (if you’re a geek) tidbits of information. Tonight I saw the following string of searches, which…
Can You Flag Down That Prosecutor For Me?
I was in District Court most of the morning and saw an interesting set of events. As they unfolded, I paid more and more attention, but I’m sure I missed some details at the beginning. Here goes: First: A prosecutor,…
A Feisty Question About Refusing the Breath Test
Despite the banner proclaiming that the writer “won’t hide behind an alias” I couldn’t figure out the blogger’s name; his alias is Feisty – or based on the URL, is it perhaps Feisty Geek? – but he sure brings up…
But Officer, I Can’t Do That When I’m Sober (A True Story)
Several years back I took the same class that police officers take to become certified to administer the Field Sobriety Tests. It’s not an impressive feat; I just did it to learn more about DWI defense.
The class was taught by…
Goodbye Retrograde Extrapolation for Breath Test DWIs?
In order of most to least common, the 3 basic defenses to DWI in Texas would be:
- Not Intoxicated
- Not Driving
- Not Driving While Intoxicated
I might be wrong about “Not Driving” being a more frequently viable defense than “Not…