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Home / Author Archives: Mimi Coffey

Author Archives: Mimi Coffey

Mimi Coffey
Mimi Coffey is a trial attorney with 24 years experience. She is the founder of The Coffey Firm, serving Dallas, Tarrant and Collin counties. She is board-certified in DWI by the National College of DUI Defense (NCDD) and is a Regent of the NCDD. Mimi Coffey also listed on several “top” directory listings such as DWI attorneys Tarrant County, DWI Lawyer Fort Worth, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. I am very involved with the community DFW caring DWI lawyer, Texas Tech School of Law foundation and I enjoy using the skills I have developed to give back to the community. She has also appeared numerous times as a legal commentator for CNN, National Fox News, as well as local Dallas/Fort Worth stations on DWI-related stories. She is also a frequent speaker at both national and statewide seminars. She is a prolific trial attorney with a proven trial record. She has tried over 300 cases, with 80% of them being jury trials in her 18-year career. Her success includes everything from .21 breath tests, blood tests to 3 car accident cases just to name a few. Mimi’s cases have also made good case law for the State of Texas. For example, in Tarvin v. State, it was found that weaving within your own lane was not a traffic violation. In Lajoie v. State, the courts determined that the defendant’s request to have his attorney must be suppressed as opposed to used as evidence of guilt. She is the author of Texas DWI Defense: The Law and Practice. She is also the author of three nationally-published articles and four statewide articles. Mimi has twice attended Indiana University’s Borkenstein Course for state toxicologists both on alcohol and drugs. She has also completed the NHTSA SFST Course, SFST Instructor Course and the 12-Step DRE Mini-Course Program. She is also one of the first attorneys in the United States to attend the Axion Labs Gas Chromatography Training. Her minor in college was Geology lending her a comprehensive and disciplined scientific mind when it comes to scientific and mathematical issues such as blood and breath testing. Mimi has won the President’s Heart of a Champion Award presented by the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. Mimi also led the effort to get the State Bar of Texas’ Board of Legal Specialization to recognize the NCDD’s DWI Certification. Mimi has been active in 4 legislative sessions in fighting against bad DWI laws. Her efforts prevented the breath/blood test refusal as being a separate crime. She has advocated for true deferred adjudication for DWI. Mimi also sued a Dalworthington Gardens police officer for illegally drawing blood. Since her lawsuit, the 2nd Court of Appeals ruled against police officers drawing blood. (The Court of Criminal Appeals overturned this). Mimi also sued the Texas Department of Public Safety for its double jeopardy surcharge program. Since the initiation of her suit, Texas DPS has instituted amnesty programs based on one’s earning potential.

Probation Revocation is NOT a hearsay “free-for-all”

It is particularly accepted that that the rules of evidence do not apply to probation revocation hearings in Texas. This is a dangerous practice when it comes to people’s liberty. Courts are starting to push back against this practice, but many issues still exist when it comes to probation revocation proceedings. Torres v. State Facts A recent case out of the 1st district of Houston is hopefully a step in the right direction. In Torres v. State, No. 01-18-01074-CR (Tex. ... Read More »

Texas DWI Blood Test Issues

Though many don’t realize it, most Texas DWI cases involve blood tests rather than breath tests. This is in large part because of the fact that the law allows police to draw your blood by getting a warrant if you refuse to give breath or blood. Regardless of whether police drew blood as a result of consent or a warrant, there are many issues surrounding the reliability of the result of a blood test. This is in addition to the ... Read More »

COVID-19, Violent Offender Release

The News reports that jails are releasing inmates due to COVID-19.  Is this true?   Yes. It has been reported and confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have COVID-19.  This is a problem due to increased community spread in the jail environment; which outside of putting inmates’ health in danger, endangers the lives of the jail and prison staff and adds more pressure to the hospital community.   Are jails ... Read More »

Texas DWI: Private Security Registration License Notice

Please be aware that if you are the holder of a private security registration license, such as a home security system installer, that certain offenses can suspend your license. Most serious offenses, such as murder, assault, and burglary, can result in suspension. Driving while intoxicated IS NOT, by itself, an offense that may result in suspension. However, if you commit DWI in your capacity under the registration, then a DWI may still result in suspension. Any offense that may deem ... Read More »

The Perfect Pretext for Illegally Stopping People: Unconfirmed Insurance

A traffic stop based only on unconfirmed insurance lacks the reasonable suspicion required for a search and seizure. The 4th amendment of the Constitution protects citizens from unlawful search and seizure. This protection comes to life in Texas under the Texas Constitution, Article 1, section 9.  This is a wide net.  This means that the “ends do not justify the means.”  The police cannot break the law to enforce the law. For example, they can’t illegally enter into a house ... Read More »

The Problem with Forensics in American Courtrooms

The problem with forensic science In 2009, a study funded by the United States Department of Justice exposed the massive problems with forensic science being admitted into courtrooms across America. Unfortunately, these problems still exist. In 2015, the FBI released devastating news. The FBI determined that the government has sponsored laboratory witnesses who testified wrongly in 33 death penalty cases. The study was too late for nine cases where the execution had already occurred. For five of the cases, the ... Read More »

What is Fair Punishment on a DWI?

What are judges and prosecutors concerned with on a DWI? One of their main concerns is recidivism. Contrary to popular belief, the average rate of repeat for a first time DWI is approximately 21%[i]. Most first time DWI offenders made a mistake and will never be back in the system. In fact, most are going to punish themselves far greater than what a court or prosecutor could do to them. Does BAC (blood alcohol concentration) on their DWI predict their ... Read More »

The Problem with Young Prosecutors

Certainly not true for all, but true for many is the issue of hiring young graduates fresh out of law school to be prosecutors. In the old days, one had to apprentice for a few years before becoming a licensed attorney. Not anymore. All they need is a law degree and to pass the bar exam. Sure, everyone needs to start somewhere, but giving young lawyers the most powerful job society holds is a mistake. A prosecutor has a duty ... Read More »

Ignorance of the Law is an Excuse

On December 15, 2014, the United States Supreme Court handed down a monumental case in the world of criminal justice. The U.S. Supreme Court declared in Heien v. North Carolina that ignorance of the law for a police officer is an excuse justifying an otherwise invalid traffic stop. On April 29, 2009 shortly before 8:00 am, Sergeant Matt Darisse of the Surry County Sheriff’s Department pulled over Nicholas Heien on Highway 77 for having a brake light out. This is ... Read More »

“Drive Sober or Pull Over” Versus “Drive Sober or GET Pulled Over”

A couple of weeks ago, another DWI Lawyer in Tarrant County asked if anyone had a voir dire (jury selection) PowerPoint template for a trial where an accused intoxicated person pulled over and was not driving. I volunteered mine. The amount of lawyers who had this same type of case shocked and dismayed me. So incensed at the folly of prosecuting people who pull over and try to do the right thing, I gave one of my new associates a ... Read More »