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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 »

Avoiding a BWI/BUI Arrest on Memorial Day

Memorial Day weekend begins the boating season throughout the United States.  Enjoying warmer weather with friends and family on beautiful waterways combined with drinking alcohol is an American pastime.  It is not illegal in most states to consume alcohol while driving a boat.  Boaters need to be responsible to ensure that their Memorial Day cheer does not put a dent in their career.  Law enforcement announced increased BWI and BUI enforcement nationwide.  Law enforcement stop boaters for water safety checks without ... 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 »

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 »

DWIs- Today’s Dangerous Politics

“In politics, stupidity is not a handicap.” -Napoleon Bonaparte Studying history helps to understand how governments use federal agencies, police departments, and courts to perpetuate illegal witch hunts for political causes. Let’s look at the 6 million Jews that the German government killed in Europe. People forget that it was not renegades who caused the Holocaust. Instead, it was the politicians and the courts. The parallels between the successful government campaigns of the Nazis in World War II and today’s DWI ... Read More »

Involuntary Intoxication Reality: Texans Be Alarmed !

Involuntary Intoxication Reality: “I no longer knew what was real and what wasn’t. The lines between reality and delusion had become so blurred.” ― A.B. Shepherd, The Beacon This is what has happened to judges in courts across Texas when it comes to DWI charges. The purpose of the penal code is to punish crime and thereby deter others from committing the same crime. Most crimes involve people making bad moral choices, choices that hurt others. Most crimes involve intent ... Read More »