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Texas DUI News

DWI-Modern Day Salem Witch Hunts

The “science” in field sobriety tests is laughable. Here is my article that has been published nationally: Judge Daryl Coffey of County Criminal Court number 8, in Tarrant County, Texas once remarked to me that all a prosecutor has to do to win a DWI case is just make sure that the three letters “DWI” are mentioned at least 15 times in a trial.1 It is this type of environment that has allowed history to repeat itself. All we have ... Read More »

The Science of Fear & Field Sobriety Tests

Read the Article here! The Science of Fear & field sobriety tests: Fear is not just mental. It is physical. It is involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in  a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application of these nonscientific tests without any proper scientific consideration to fear. Here is the article I wrote, very relevant for anyone arrested for DWI/DUI. (link above, on ... Read More »

DWI/DUI: Mass Hysteria, a Sociological Phenomena

Mass hysteria is a form of groupthink, in which several people with something in common begin to think in the same way. In mass hysteria, the group members all develop a common fear that often spirals into a panic. The group members feed off each other’s emotional reactions, causing the panic to escalate.Some riots, witch hunts and other events can be linked to mass hysteria. (about.com) DWI has turned into a sociological mass hysteria. Our highways blare out Drink.Drive.Go to ... Read More »

Advice to those Accused of dwi dui; Arrested for dwi

If you get arrested for DWI please do yourself a favor: Mimi Coffey Words to Those Accused of DWI. Write out a 10 page autobiography of yourself (a recent Harvard grad told me his high school forced him to do it and it helped him fill out a successful application to Harvard). Focus on your achievements, what makes you shine above and beyond others, your contributions to society. Pick out ten pictures that define your life (kids, being a little league coach, ... Read More »

Salinas v. Texas: the 5th Amendment’s Downward Spiral?

Earlier this month the United States Supreme Court issued its ruling in Salinas v. Texas, 570 U.S. ___ (2013) (plurality opinion), holding that, in the context of non-custodial, pre-arrest questioning, a person’s silence may be used against them absent an unequivocal invocation of his or her 5th Amendment right against self-incrimination.  At first blush this sounds incredible; in fact, some commentators are strongly criticizing the Court’s opinion for various reasons.  But is it really that surprising? The Supreme Court has ... Read More »

Blood Testing- Fermentation

Blood Testing- Fermentation On the topic of blood testing: Blood Test practice tip: “1-propanol, acetaldehyde, acetone, 2-propanol, isobutanol… have been considered as biochemical markers.. to be flagged as suspicious for microbial contamination.” Forensic Science Intl 174(2008) 133-151  Have seen many client chromatograms with these compounds……  Blood testing needs to be regulated. In Texas there are NO regulations for blood testing. Most labs still don’t even report a margin of uncertainty. There should be a law that the lab videotape the entire blood ... Read More »

Texas passes bill to fight wrongful convictions

A Bill to Bolster the Fight on Wrongful Convictions Clinton Bamberger lost the most important case of his career, but most legal experts consider that 1963 United States Supreme Court decision a crucial victory for criminal justice. Enlarge This Image Callie Ricmond for The Texas Tribune Michael Morton was jailed for years before his exoneration.   “Everybody thinks I won it,” said Mr. Bamberger, 87, now a professor emeritus of law at the University of Maryland. He represented John L. ... Read More »

HGN: Robustness Study; DWI related

HGN: Robustness Study; DWI related Facts revealed by Dr. Lance Platt who did a PhD on HGN, former cop & State of Texas trainer of cops with NHTSA inside sources: 1. The NHTSA HGN Robustness study is comprised of only 9 subjects tested. 2. It involves NO baseline. You can’t do a study without a negative control baseline. 3. It took 5 years to publish the “results” because it kept being sent back due to data that did not fit ... Read More »

DWI/DUI Marijuana

  DWI/DUI Marijuana This news article demonstrates the fervor of law enforcement to get a DWI/DUI even when there is no evidence. A person may show from a toxicology screen that they may have THC in their system with no evidence of impairment at the time of driving (some of these tests may show positive if the person smoked in the last 6 weeks).  Scary stuff. http://m.usatoday.com/article/news/1979905 Read More »