By Jeffrey Hines | Published October 14, 2014 | Posted in Uncategorized | Comments Off on When You Are Stopped for DWI
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⟨ When You Are Stopped for DWI
Your attorney would prefer that you only do or say what the law requires of you when you are stopped for suspicion of DWI, AND NOTHING MORE!! When the red lights go off behind you, safely pull over to the right as soon as possible. Put the car in park and keep your hands visible Read More
Read MoreThe DWI Standard – Eliminating the Excuses and Finding the Truth
In any criminal prosecution, the prosecuting attorney must prove the elements of the offense. In a DWI those elements are: Defendant On or about a certain date In the county and state where the court sits Operated a motor vehicle On a public road way While intoxicated In a DWI, the definition of intoxication is Read More
Read MoreNot Guilty – Assault Family Violence
A common question for criminal defense attorneys is, “How can you represent someone that you know is guilty?” My answer is this: It’s easy to represent a guilty person. There is no pressure at all. Ninety-nine percent of the guilty persons will be punished. It’s just a question of what the appropriate punishment is. My Read More
Read MoreSCOTUS Justices Concerned About Allowing Prosecutors to Use Pre-Miranda Silence as Evidence of Guilt
On Wednesday, April 17, 2013, the United States Supreme Court heard oral arguments in the case of Genovevo Salinas v. Texas, an appeal from Harris County, Texas, for a 1992 murder conviction. During police questioning, and before he was arrested and read his Miranda warnings, Salinas answered some questions but did not answer when asked Read More
Read MoreUnited States Supreme Court Rules that Police Need A Search Warrant to Draw Blood from a DWI Suspect
In Missouri v. McNeely, decided Wednesday, April 17, 2013, the U.S. Supreme Court ruled that the natural dissipation of alcohol by the human body was not a sufficient cause to waive the requirement of a search warrant to obtain a blood sample from a DWI suspect. The case arose from the arrest of Tyler G. Read More
Read MoreClear Your Record: Expunctions and Non-Disclosures
We live in the information age, in which a person can find information about virtually any thing (or person) in just a few key strokes or mouse clicks. This access to information enables employers, schools, apartments, mortgage companies, etc. to easily conduct background checks. These entities will likely make judgments and reach conclusions about you Read More
Read MoreStatewide Ban on Texting While Driving Introduced
Texas House Bill No. 63 and Texas Senate Bill No. 28 entered as the Alex Brown Memorial Act on November 12, 2012 would prohibit, with limited exceptions, the use of a handheld wireless communication device to read, write, or send a text message while operating a motor vehicle unless the vehicle is stopped. This ban Read More
Read MoreU.S. Supreme Court Will Decide if Police Need a Warrant for Blood on DWI Stops
US Supreme Ct. to decide whether police can take blood without warrant. This has major implications for DWI law and the 4th Amendment. Read more here. If the Court rules for the state in this matter, it may allow police to take all suspects who refuse breathalyzer or field sobriety tests directly to the hospital for mandatory Read More
Read MoreDWI: Not Guilty
This week I tried a DWI to a jury. The jury deliberated for 50 minutes and came back with a not guilty verdict. The jury trial has inspired a number of future blog topics: Loss of the normal use of physical or mental faculties — In addition to the breath or blood test, this is Read More
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