Winning a DWI case is difficult. Juries are fed up with DWI and like to show support for police officers and often give them the benefit of the doubt... even when judges tell them they should not.
However, DWI cases can be beaten. Almost no other types of cases require more specialized knowledge than a DWI case. Here are a few of the ways that a DWI case can be won for the defense.
1) Suppressing the stop. If a police officer does not have a valid reason to stop a car the DWI arrest that came later is thrown out. There is a large amount of law devoted to when traffic stops are acceptable or not.
2) Suppressing the breath test result. There are procedures that must be followed or the breath test can be thrown out. Very high results are sometimes thrown out and juries are not permitted to know the result.
3) Questioning the result of the breath test. Even if the breath test is permitted in front of the jury, the breath test result can be questioned. A good DWI attorney needs to be familiar with the effects of temperature, partition ratios and all the procedures that the breath test operator needs to follow to ensure an accurate result.
4) Suppressing all or part of the field sobriety tests. All field sobriety tests must be given in strict compliance with the National Highway Traffic Safety Administration (NHTSA) If the officer makes certain mistakes on the field sobriety tests one or all of them can be thrown out. full story
Monday, December 15, 2008
Friday, December 12, 2008
The 10 biggest mistakes most people make after being arrested for a DWI -- and how to avoid them
1. Assuming you will lose the case
Many people charged with DWI believe that they have no chance of winning. Maybe they failed a breath test. Perhaps they think no one will believe they were innocent because there was an open container of alcohol in the car. The truth is that the case against you may not be as solid as you think.
For example, did you know there are many factors that can affect the accuracy of a breath test? Scientific testing has shown that work conditions (such as volatile-chemical exposure), extensive dental work, Gastro Esophageal Reflux Disorder (G.E.R.D.), air-bag deployment, and even a simple fever can yield a “false high” breath-test result. Additionally, breath tests must be performed under strict guidelines. Failure to fully comply with those guidelines renders the results questionable at best.
In other words, breath tests may be thrown out of Court or explained away.
2. Not fighting the automatic suspension of your driver’s license
Under Texas law, you have 15 days from the date of your arrest to request a hearing and fight to save your driver’s license. Failure to ask for this hearing will result in the automatic suspension of your driver’s license, as set out below.
Suspension Provisions for Adult Drivers
a
Without any prior alcohol or drug-related contacts against the accused driver during the previous 10-year period, the periods of suspension are as follows: full story
Many people charged with DWI believe that they have no chance of winning. Maybe they failed a breath test. Perhaps they think no one will believe they were innocent because there was an open container of alcohol in the car. The truth is that the case against you may not be as solid as you think.
For example, did you know there are many factors that can affect the accuracy of a breath test? Scientific testing has shown that work conditions (such as volatile-chemical exposure), extensive dental work, Gastro Esophageal Reflux Disorder (G.E.R.D.), air-bag deployment, and even a simple fever can yield a “false high” breath-test result. Additionally, breath tests must be performed under strict guidelines. Failure to fully comply with those guidelines renders the results questionable at best.
In other words, breath tests may be thrown out of Court or explained away.
2. Not fighting the automatic suspension of your driver’s license
Under Texas law, you have 15 days from the date of your arrest to request a hearing and fight to save your driver’s license. Failure to ask for this hearing will result in the automatic suspension of your driver’s license, as set out below.
Suspension Provisions for Adult Drivers
a
Without any prior alcohol or drug-related contacts against the accused driver during the previous 10-year period, the periods of suspension are as follows: full story
HOW TO AVOID & BEAT THE DUI / DWI RAP!
By Richard Wallace II
Author of "An Educated Guide to Speeding Tickets - How to Beat & Avoid Them!"
This is article number 6, in the continuing series of articles that I have been writing for Buy Radar Detectors. All of my previous articles can still be viewed here, so if you missed any of the fascinating articles that deal with beating speeding tickets, avoiding speeding tickets, photo camera radar, radar detectors and the bait and switch of speed detection equipment you should catch up on your reading today, you will be glad you did.
In this, the sixth article in my series, we will look at how a motorist can learn how to avoid and beat the driving while intoxicated or operating under the influence rap. Now before we get under way here, I first must tell you all why I felt that an article dealing with beating and avoiding a DWI rap was necessary. In its simplest terms, I feel the punishment does not fit the crime and it is widely unfair in its enforcement. Let me explain. You see, in all states the DUI / DWI / OUI laws apply equally to the motorist who consumes 3 or 4 drinks and then decides to drive a motor vehicle and the same for the motorist who consumes 10 or more drinks and then operates his car. The punishment and penalties are rendered the same for both motorists. It is clear to me from my over 15 years of law enforcement experience that the motorist who consumes 3 or 4 drinks is far more sober and able to operate a motor vehicle properly than the motorist who consumes 10 or more drinks. The real hazard on the roadways today is this severely intoxicated motorist, not the business man or woman who decided to have a few drinks after work and then drives home. While both of these people may be legally drunk according to the law, with the blood alcohol level being .08 in most states, which is about 3 drinks in an hour, the real threat to public safety is the severely intoxicated driver, not the light drinker. I advocate laws in all states based on the levels of total intoxication, not just if the arrested persons blood alcohol level is over .08. There are many other factors that need to be considered before we throw the book at somebody who just consumes a few drinks. Again, simply put, the punishment should fit the crime and it does not in my opinion. full story
Author of "An Educated Guide to Speeding Tickets - How to Beat & Avoid Them!"
This is article number 6, in the continuing series of articles that I have been writing for Buy Radar Detectors. All of my previous articles can still be viewed here, so if you missed any of the fascinating articles that deal with beating speeding tickets, avoiding speeding tickets, photo camera radar, radar detectors and the bait and switch of speed detection equipment you should catch up on your reading today, you will be glad you did.
In this, the sixth article in my series, we will look at how a motorist can learn how to avoid and beat the driving while intoxicated or operating under the influence rap. Now before we get under way here, I first must tell you all why I felt that an article dealing with beating and avoiding a DWI rap was necessary. In its simplest terms, I feel the punishment does not fit the crime and it is widely unfair in its enforcement. Let me explain. You see, in all states the DUI / DWI / OUI laws apply equally to the motorist who consumes 3 or 4 drinks and then decides to drive a motor vehicle and the same for the motorist who consumes 10 or more drinks and then operates his car. The punishment and penalties are rendered the same for both motorists. It is clear to me from my over 15 years of law enforcement experience that the motorist who consumes 3 or 4 drinks is far more sober and able to operate a motor vehicle properly than the motorist who consumes 10 or more drinks. The real hazard on the roadways today is this severely intoxicated motorist, not the business man or woman who decided to have a few drinks after work and then drives home. While both of these people may be legally drunk according to the law, with the blood alcohol level being .08 in most states, which is about 3 drinks in an hour, the real threat to public safety is the severely intoxicated driver, not the light drinker. I advocate laws in all states based on the levels of total intoxication, not just if the arrested persons blood alcohol level is over .08. There are many other factors that need to be considered before we throw the book at somebody who just consumes a few drinks. Again, simply put, the punishment should fit the crime and it does not in my opinion. full story
40 Ways To Beat A DUI
If you have been arrested for DUI or DWI, it is obviously cause for concern—but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s DUI and DWI Defense Attorneys now. Here’s a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.
ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. FULL STORY
Thursday, December 11, 2008
Drunk Driving Facts! Facts – Not Fiction!! Pay Attention!!!
Occurrence and Consequences
During 2005, 16,885 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2006).
In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice 2005). That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year (Quinlan et al. 2005). full story
Nissan’s Anti-Drunk Driving Technology….At Least Someone Is Trying!
In today’s world…..everyone knows the dangers of drunk driving; yet we still have thousands of deaths related to alcohol on our roads every year. The Interlock Breathalyzer Test which I wrote about awhile back was a great idea. Now Nissan has taken another big step in the right direction by implementing Anti-Drunk Driving Technology into their upcoming cars.
The first Anti-Drunk Driving Gadget is also the most popular way to identify a drunk. The shift knob will house a sensor that can detect the presence of Alcohol through your perspiration! When detected the cars transmission automatically locks up….and prevents the driver from going anywhere! There will also be sensors in the seats to detect alcohol on the driver’s breath. full story
The first Anti-Drunk Driving Gadget is also the most popular way to identify a drunk. The shift knob will house a sensor that can detect the presence of Alcohol through your perspiration! When detected the cars transmission automatically locks up….and prevents the driver from going anywhere! There will also be sensors in the seats to detect alcohol on the driver’s breath. full story
Exception to the 'No Deferred Adjudication for DWI' Rule
Decatur Texas defense attorney Barry Green left a comment on a post sometime back, and I meant to publish it, as soon as I got around to correcting my error. Done – although, it took a reminder from his blog for me to finally get around to doing it.
In his comment he politely points out that my knee-jerk reaction to a reader’s question (“Should he plead not guilty or try for deferred adjudication?”) was “a bit unclear” because she was talking about a Felony DWI with Child Passenger charge, not a plain old ordinary first time DWI. Turns out Barry was being kind in his comment.
Love your blog but I think something was a bit unclear here. Unless I'm wrong, CCP 42.12 Sec.5 still has the loophole to allow for deferred adjudication for the offense of DWI w/ Child. (Certainly, that option will be legislatively abolished one of these days.) But, for now, I can still get that offer on occasion up here in North Texas.
Since the question dealt specifically with State Jail Felony charge of DWI with Child Passenger, my answer was flat wrong. The specific question in the post was:
Should he plead not guilty or try for deferred adjudication? full story
In his comment he politely points out that my knee-jerk reaction to a reader’s question (“Should he plead not guilty or try for deferred adjudication?”) was “a bit unclear” because she was talking about a Felony DWI with Child Passenger charge, not a plain old ordinary first time DWI. Turns out Barry was being kind in his comment.
Love your blog but I think something was a bit unclear here. Unless I'm wrong, CCP 42.12 Sec.5 still has the loophole to allow for deferred adjudication for the offense of DWI w/ Child. (Certainly, that option will be legislatively abolished one of these days.) But, for now, I can still get that offer on occasion up here in North Texas.
Since the question dealt specifically with State Jail Felony charge of DWI with Child Passenger, my answer was flat wrong. The specific question in the post was:
Should he plead not guilty or try for deferred adjudication? full story
Get a DWI Once….Shame On You! Get a DWI 2x’s……Shame on the Gov.!?
Drinking and Driving is dumb and stupid. Yes you all have heard that. And there is a large percentage of the population that knows just how dumb and expensive it really is. Then there are those who have had much worse than a slap on the wrist. Well The Government could eliminate all repeat DWI’s forever! Well almost all of the time.
There is something called an Interlock Breathalyzer Test. This nifty device attaches to your car’s ignition. What it does is measure the alcohol content of your breath. It’s the same thing a Police Officer would do to you at a traffic stop if he thought you were under the influence. If you blow a .08 into this device, you ignition on your car would be locked and you would be going nowhere. After 10 minutes you can try it again. If we lived in a perfect world every Government…..be it Local, State, or even National; would mandate this sweet product for those who have received DWI’s. full story
The Innocent and the Guilty
Posted on December 9, 2008 by Jamie Spencer
The Innocent and the Guilty
Received a big box at work today and didn’t have the faintest idea what it could be. Since it was addressed to me, I opened it up, and tada… two bottles of wine.
It was a thoughtful gift from Houston DWI lawyer Mark Bennett. I had done some local co-counseling of a DWI/POM case here in Austin for a client he was representing. Mark did all the heavy lifting; I just went along for the ride.
Of course, Mark didn’t just send me any 2 bottles. They were from an Australian vineyard and named “The Guilty” and “The Innocent”. I read the label of “The Innocent” first:
The Innocent is produced from a single vineyard. Due to its limited production only a lucky few will ever get to taste it.
Aha. Clever commentary on the sometimes overwhelming and unfair advantage the State brings to bear on those it chooses to criminally accuse? Expecting something equally clever, I read the other label.
Apparently only the “lucky few” will get to taste that one too. full story
The Innocent and the Guilty
Received a big box at work today and didn’t have the faintest idea what it could be. Since it was addressed to me, I opened it up, and tada… two bottles of wine.
It was a thoughtful gift from Houston DWI lawyer Mark Bennett. I had done some local co-counseling of a DWI/POM case here in Austin for a client he was representing. Mark did all the heavy lifting; I just went along for the ride.
Of course, Mark didn’t just send me any 2 bottles. They were from an Australian vineyard and named “The Guilty” and “The Innocent”. I read the label of “The Innocent” first:
The Innocent is produced from a single vineyard. Due to its limited production only a lucky few will ever get to taste it.
Aha. Clever commentary on the sometimes overwhelming and unfair advantage the State brings to bear on those it chooses to criminally accuse? Expecting something equally clever, I read the other label.
Apparently only the “lucky few” will get to taste that one too. full story
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