Open Trunk, No Crime: Building a Regulatory Gap Argument to Attack a Traffic Stop in Texas

June 29, 2026 Category: Austin Criminal Defense Lawyer

Texas DWI defense often lives or dies at the suppression stage. When officers lack a lawful basis for the initial stop, everything downstream is fruit of the poisonous tree. A recent motion out of Travis County illustrates an underexplored suppression theory: that driving with an open trunk provides no legally cognizable basis for a Terry... Read more

Prolonged Traffic Stops in Texas: When Evidence Must Be Suppressed

March 9, 2026 Category: Austin Criminal Defense Lawyer

When police unlawfully prolong a traffic stop without reasonable suspicion, the Fourth Amendment is violated. When may evidence be suppressed under Texas and federal law? Traffic stops are one of the most common encounters between police and citizens, but they are also a frequent source of Fourth Amendment violations. Under both Texas and federal law,... Read more

Vertical Gaze Nystagmus (VGN) in Texas DWI Cases: What You Should Know

January 12, 2026 Category: Austin Criminal Defense Lawyer

If you have been arrested for DWI, you may hear terms like Standardized Field Sobriety Tests, Horizontal Gaze Nystagmus Tests, or Vertical Gaze Nystagmus Tests. HGN and VGN are similar but they are not equally reliable. In most cases, the VGN should be suppressed and found to be inadmissible. This article explains why VGN evidence... Read more

HOW HANDCUFFING A DRIVER IMMEDIATELY AFTER A PORTABLE BREATH TEST CAN INFLUENCE A JURY’S DECISION

December 2, 2025 Category: Austin Criminal Defense Lawyer

Suppressing the PBT Pre-Trial When a driver is stopped for DWI, the moments that follow can shape not only the arrest but also how a jury later interprets the officer’s decisions. One of the most powerful—and often overlooked—moments is what happens on the video after a driver submits to a Portable Breath Test (PBT). It... Read more

WHAT TO DO WHEN DEALING WITH AN ARREST WARRANT IN TEXAS

February 17, 2025 Category: Austin Criminal Defense Lawyer

Learn what to do if an arrest warrant is issued against you in Texas. Understand your rights, the types of warrants, and how to respond effectively with our comprehensive guide. Contact David Frank Law for legal assistance. I HAVE AN ARREST WARRANT. WHAT TO DO WHEN AN ARREST WARRANT IS ISSUED IN TEXAS An arrest... Read more

NECESSITY DEFENSE IN DWI CASES

January 8, 2025 Category: Austin Criminal Defense Lawyer

THE NECESSITY DEFENSE IN DWI CASES Driving While Intoxicated (DWI) is a serious offense with severe consequences. Many people will designate a sober driver to take them home after a night of social drinking. However, some designated driver scenarios present complex legal questions. For instance, what are the legal rights of a person who unexpectedly... Read more

MENTAL DEFECTS AND INTENT

September 8, 2023 Category: Austin Criminal Defense Lawyer

The legal system operates under the principle that ignorance of the law is no defense. However, important exceptions exist when individuals are unable to conduct themselves within the bounds of the law due to severe mental defects. In such cases, the legal system may recognize defenses and mitigating factors that lessen an individual’s responsibility. This… Read more

THE IMPACT OF A FAMILY VIOLENCE FINDING ON A DIVORCE

June 5, 2023 Category: Austin Criminal Defense Lawyer

The Impact of a Family Violence Finding on the Defendant in a Divorce: Navigating the Consequences It is imperative to avoid the impact of a Family Violence Finding on a defendant in a criminal case. A Family Violence Finding adversely affects a person’s rights and can destroy their reputation and future prospects in many areas… Read more

METHAMPHETAMINE DRUG PURITY IS NOT A PROXY FOR CULPABILITY

April 12, 2023 Category: Austin Criminal Defense Lawyer

Methamphetamine, commonly known as “meth”, is a highly addictive and potent stimulant drug that can have devastating effects on individuals and communities. It was made a Schedule II controlled substance in 1970. In light of the serious harm caused by methamphetamine, the criminal justice system has taken a strong stance against methamphetamine trafficking. When methamphetamine… Read more

MIRANDA AND THE TWO-STEP INTERROGATION TECHNIQUE

January 18, 2023 Category: Austin Criminal Defense Lawyer

Miranda warnings are embedded in American culture. From our movies and TV dramas we are raised on the notion that the police must read us our rights whenever we are placed under arrest. The warnings required by Miranda are intended to safeguard a person’s privilege against self-incrimination. Prior to questioning, the police are required to… Read more