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
Category: Austin Criminal Defense Lawyer
Austin Criminal Defense lawyer David Frank is based in Texas and has a reputation for being a tough and experienced criminal trial lawyer. In April of 2014 he challenged the Texas Mandatory DWI Blood Draw Statute in two test cases. The appellate courts agreed and found that the Mandatory Blood Draw Statute runs afoul of the Fourth Amendment. In November 2014 he helped lead a State-Wide effort against a SOAH rule change. That effort led to a simpler process to subpoena witnesses for ALR Hearings. He is the Past President of the Criminal Defense Lawyers Association and currently serves on the Texas Criminal Defense Lawyers Association Strike Force Committee.
New Non-Disclosure Law Available for DWI Probation
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?
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
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 DWI Lawyer debbie-stephens-alamo-forensics The letter states that APD’s Crime Lab is incorrectly reporting… Read more
Brady Notice – Phlebotomist Casts Doubt on DWI Blood Cases
On December 2, 2016, The Travis County Attorney’s Office circulated a Brady Notice to defense counsel concerning the testimony of a former phlebotomist. During a trial the Phlebotomist privately disclosed that she had performed DWI Blood draws during the Spring of 2014 and that the facility was unsanitary. The phlebotomist’s disclosure casts doubt on all… Read more
RELEASED FROM JAIL ON YOUR DWI. Personal Bond is an Option.
This is the worst night of your life. You were out with friends you haven’t seen in years or you were at a work function and everyone was having a great time. On your way home you are stopped by the police. You’re not intoxicated but you misjudged by not calling a cab. You have… Read more
Probation Eligibility – Probation from a Jury?
Probation eligibility is controlled by statute and understanding these rules is vitally important before embarking on plea negotiations for the client. A negotiated plea agreement requires concessions from both sides. Prosecutors seek to obtain penalties to address illegal conduct that causes or threatens harm to the public for which state protection is appropriate. To this… Read more
DPS Targeting Drunken Drivers, Traffic Violators Labor Day Weekend
Austin American Statesman Thursday, Sept. 1, 2016 Austin DWI Lawyer Beginning Friday, Texas Department of Public Safety troopers will be on the lookout Labor Day weekend for impaired drivers, speeders and safety belt violations, the agency says. “Texans are killed on our roadways every day because of reckless drivers who get behind the wheel after… Read more
AN ACTIVE ARREST WARRANT FOR AN UPAID TRAFFIC TICKET
Austin DWI Lawyer WARNING: The Fourth Amendment to the United States Constitution protects you against unreasonable searches and seizures by the police. If the police stop you without reasonable suspicion and find evidence of illegal activity, the exclusionary rule prevents the State from using the illegally obtained evidence against you in a criminal prosecution. The… Read more
Does Leming Change the Law on Reasonable Suspicion for a Traffic Stop?
Does Leming Change the Law on Reasonable Suspicion for a Traffic Stop? Austin DWI Lawyer A divided Court of Criminal Appeals issued a decision in April 2016 that on first glance seems to have rejected 23 years of established case law surrounding the issue of reasonable suspicion to stop a driver. For almost a quarter… Read more