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
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.
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 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
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
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? 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