Not Guilty: DWI Blood Test More Than 0.15

Austin Criminal Defense Lawyer

TRIAL REPORT – DWI Blood Test More Than 0.15 Austin Criminal Defense lawyer Court:  Travis County Court at Law Number 6 Judge Brandy Mueller Offense:  DWI First with BAC greater than 0.15 g/dl Offense Level:  Class A Prior Convictions Admitted? None Did Defendant Testify? Yes Offer prior to trial:  1 Day Travis County Jail +… Read more

IS IT UNCONSTITUTIONAL FOR A LAWYER TO CONCEDE A CLIENT’S GUILT AGAINST THE CLIENT’S WISHES?

Austin Criminal Defense Lawyer

On Wednesday, lawyers will argue McCoy v. Louisiana before the United States Supreme Court. The question before the court, which will decide if Mr. McCoy should get a new trial, is whether it is unconstitutional for a lawyer to concede a client’s guilt against the client’s wishes. Austin Criminal Defense lawyer This was a difficult… Read more

Cross-Racial Eyewitness Identification

Austin Criminal Defense Lawyer

Despite the numbers of reported media accounts of Eye Witness Identification leading to false convictions, misidentification is not a defense set out in the Texas Penal Code and Texas law does not authorize a trial court to give a Cross-Racial Eyewitness Identification Instruction to the Jury. Courts are concerned that a written instruction to the… Read more

Presentation on Scaled Questions

Austin Criminal Defense Lawyer

Scaled Questions are an excellent way to remove biased jurors from the panel. A scaled question asks jurors to respond to a statement and rank how strongly each juror agrees or disagrees with the statement. I like to use a scale of 1 to 8 with “1” being strongly disagree and “8” being strongly agree…. Read more

Boating While Intoxicated Dismissed

Austin Criminal Defense Lawyer

Client was having a peaceful afternoon on the lake with friends.  It was beautiful.  The boat was safely moored and everyone was having a good time.  After a few hours, Game Wardens with the Texas Parks and Wildlife Department came by to conduct a water safety inspection. They came up along the port side and… Read more

Police Violated the Warrant Requirement When they Illegally Entered Client’s Home

Austin Criminal Defense Lawyer

A driver alleged that my client damaged her vehicle and left without exchanging information.  In a quick series of events, my client became the subject of a DWI investigation.  Deputies entered my client’s home and began a search for evidence.  We argued that the Police violated the warrant requirement when they illegally entered client’s home… Read more

New Non-Disclosure Law Available for DWI Probation

Austin Criminal Defense Lawyer

New legislation allows for a DWI probation to be sealed with an Order of Non-Disclosure.  The new law is retroactive and applies to first-time DWIs where probation was successfully completed.  There is a two-year waiting period after completion of probation.  If there was a breath test, the blood alcohol concentration must have been less than 0.15… Read more

May a Client Have His Own Video?

Austin Criminal Defense lawyer

We have been asked: May a client have his own video?  Watching a video in your lawyer’s office is one of the most important interactions you will have with counsel. You can comment on subtle but important issues that only you can know. Maybe your tires did not cross the line, maybe you legally entered… Read more

Former APD Lab Analyst Reports Problems with DWI Blood Testing

Austin Criminal Defense Lawyer

Last week, Debra Stephens, a former employee of the Austin Police Department Crime Laboratory reported her concerns about APD’s Blood Alcohol Laboratory’s testing process. Specifically, she claims that there are errors in the uncertainty budgets and reporting methods used by APD. Austin Criminal Defense Lawyer debbie-stephens-alamo-forensics The letter states that APD’s Crime Lab is incorrectly… Read more