Recent Blog Posts in November 2009 |
| November 20, 2009 |
| Thanksgiving week at the Houston Criminal Courthouse |
| Posted By Herman Martinez |
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| Since this will be a short week at the Harris County Courthouse I will be taking a vacation this week. While I will not be available my business partner, Mario Madrid, will be available this week. The courthouse will be closed on Thursday and Friday of this week. I hope everyone enjoys their Thanksgiving holiday. |
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| November 20, 2009 |
| A happy ending after client rejects DIVERT |
| Posted By Herman Martinez |
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A lot has been said about the Houston, Harris County, Texas DWI DIVERT program since it was started earlier this year. I see both sides of the debate. It can be a positive for those that are clearly intoxicated and want to maintain a "clear record." On the other hand, it may unfairly sway the person that has a case that could be won in a jury trial from proceeding to trial when the DIVERT carrot is placed in front of them. Moreover, the prosecutors are less likely to dismiss the DWI case because they have the program at their disposal. Therefore, it takes a self confident person to reject the DIVERT offer and proceed to trial.
Today, I had my first trial of a client that declined to enter into a DIVERT contract with the Harris County District Attorney's Office. The facts could have gone either way based on the offense report and the video. Nevertheless, as any DWI trial attorney will tell you, what is written in an offense report can change dramtically once an officer gets into the witness stand before a jury. Lets just say this, after the arresting officer, the state's first witness finished testifying the prosecutor decided to dismiss the case. I can say without a doubt in my mind that the prosecutor did the right thing. Thus, my client avoided entering into the rigid DIVERT program. Despite it's name it is still like probation and in some instances even more difficult. |
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| November 19, 2009 |
| The hard part of being a public figure's daughter |
| Posted By Herman Martinez |
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| Why is Alexandra Kerry's DWI arrest news in California? It is safe to say that her arrest for DWI would have gone unnoticed if she was not the daughter of Senator John Kerry. Despite the final outcome of her case Ms. Kerry will be unfairly labeled as the Kerry daughter that got a DWI. When a case becomes part of the media the final outcome is rarely reported even though every person is presumed to be innocent. Thus, it is best to keep cases out of the media as much as possible since the public tends to conclude that person must be guilty of something. |
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| November 18, 2009 |
| Judge Mike Fields changes his approach towards the DIVERT program |
| Posted By Herman Martinez |
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| Judge Mike Fields was one of two judges in Houston, Harris County Texas that were on record stating they would not be following the DIVERT program that was initiated by Harris County District Attorrney's Office earlier this year. It turns out that Judge Fields has changed his stance by approving the first DIVERT candidate this week. That leaves Judge Bill Harmon as the only misdemeanor judge that will not allow a person to enter the program. Hopefully, Judge Harmon will stop being the rebel judge and start allowing a case to be reset for the necessary time for a defendant to complete the program. |
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| Continue reading "Judge Mike Fields changes his approach towards the DIVERT program" » |
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| November 14, 2009 |
| La-Z-Boy DUI a windfall for the police |
| Posted By Herman Martinez |
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| Last month I mentioned Dennis LeRoy's DUI arrest while sitting in his La-Z-Boy. Mr. Leroy went on probation for his second DUI conviction and lost his beloved chair. What makes his story even more amazing is that it made over $43,000 for the Proctor, MN police office. Sadly, he will not be receiving any money from the sale of his La-Z-Boy since he gave it to them as part of his plea bargain. |
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| November 14, 2009 |
| Lawnmower Man gets a DWI |
| Posted By Herman Martinez |
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Mowing the law on a hot summer day is close to being an American pastime. I remember as a child being awaken by the sound of lawn mowers going on a Saturday morning. Thinking back I also remember seeing the men with a beer nearby to quench their thirst. While I do not mow the lawn at my house I doubt I could do so without knowing that I would be treated to a cold one after I finished mowing my lawn.
Apparently, James Dennis had one too many and decided to take his lawn mower for a ride. While driving his lawn mower down a Missouri highway he was stopped by the police and eventually arrested for the misdemeanor of DWI in his lawn mower. Incredibly, the police chief said that this was not the first time that he had arrested someone for driving while intoxicated in a lawn mower. |
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| November 11, 2009 |
| Anyone can get arrested for DWI... |
| Posted By Herman Martinez |
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| I always tell my clients how easy it is to get arrested for a DWI. The statute does not require that anyone intend to drive while intoxicated like most other crimes. Regularly, we see people that are involved in law enforcement being caught for DWI. Just this weekend an Ohio trooper that has been recognized by M.A.D.D. in the past for the amount of DWI arrests he made was arrested for DWI. One thing that I have noticed as a Houston DWI lawyer is that an officer never provides a breath sample when requested. |
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| November 11, 2009 |
| The DUI Mom |
| Posted By Herman Martinez |
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| This Australian woman takes mothering to a low level by getting arrested for DWI while breastfeeding. In Texas this crime would be a felony for driving while intoxicated with a child passenger even if she was a first time offender. Also, in Houston, Harris County, Texas they may have charged her with the felony of endangering a child, a felony as well. |
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| November 11, 2009 |
| Texas should follow South Dakota's lead |
| Posted By Herman Martinez |
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One of the advantages of being part of the National College of DUI Defense is that every member of the college helps one another. Recently, I was able help fellow DWI Attorney,
Brad Schreiber of South Dakota, with a Texas licensing issue. While exchanging emails with him I was made aware of the fact that his state repealed the implied consent law in 2006. The affect of this is that South Dakota is one of the few states that do not require a breath test. In fact, his state requires a blood test in DWI cases.
In the past few years Texas has been expanding how law enforcement may collect a blood sample from someone that is arrested for DWI. If this continues Texas should explore eliminating the implied conset law as it relates to the breath/alcohol test. |
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| November 10, 2009 |
| Clients showing thanks... |
| Posted By Herman Martinez |
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As a lawyer I realize that the profession is not held in high regard. A person's opinion tends to shift once they need the services of a lawyer for themselves. I feel like it is my job to lessen the stigma regarding attorneys once a person comes in contact them for the first time. I realize that meeting with a criminal defense lawyer is not what they had mind. I am comforting while stilll discussing honestly any all possible outcomes of their particular case. In my opinion, a person comes away with a much better feelling about a lawyer after a meeting.with me.
My professionalism, knowledge, and benevolence is rewarded by the amount of times that my previous clients recommend my services to the people that they know. I would say that over a third of my business is from previous clients refering these people in their time of need to me. |
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| November 06, 2009 |
| The irony of Tim Lincecum's marijuana case |
| Posted By Herman Martinez |
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San Francisco Giants Pitcher, Tim Lincecum, was arrested for possession of marijuana in his home state of Washington. Washington like 12 other states has a medical marijuana exception, but their law narrowly defines what conditions may be treated with marijuana. If this would have occurred in California he would not have been arrested provided he had a prescription for the more abundant conditions that are covered by the law in California. Luckily for Mr. Lincecum, the state of Washington routinely lowers the charge for a first time offender of marijuana possession to possession of drug paraphernalia. In Texas that would be the equilavent of a traffic ticket.
Texas was contemplating the medical marijuana law this year, but the bill did not pass. For a complete list of the medical marijuana states click here. |
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| Continue reading "The irony of Tim Lincecum's marijuana case" » |
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| November 03, 2009 |
| Officer I am not driving while intoxicated... |
| Posted By Herman Martinez |
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| A report out of California states that bad driving may be attributed to a gene variation. According to the report 1 in 3 people has the defective gene that causes the erratic driving. As a DWI attorney I am continually trying to find ways to explain the officer's version of my client's driving so this gives me another tool. I look forward to having the first person tested for this gene to use as an explanation in a DWI trial.. |
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| November 02, 2009 |
| Breathalyzer halloween costume nets a DWI arrest |
| Posted By Herman Martinez |
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| Nothing is amusing about getting a DWI in Houston or anywhere else, but I must admit this particular arrest made me chuckle. I am sure it was a funny idea when James Miller decided to dress up as the breathalyzer machine for halloween this year. I am fairly certain he may have taken a few pictures of drinking alcohol while in his costume. He probably thought the irony was amusing. I doubt he enjoyed the irony of getting arrested for DWI while in the costume. Talk about being a walking probable cause for police to arrest someone for driving of while intoxicated. |
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| November 02, 2009 |
| DWI Lawyer Seminar Highlights |
| Posted By Herman Martinez |
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After spending a long weekend with fellow DWI lawyers at a DWI seminar I found the seminar to be informative. For instance, not every state has a jury trial for a DWI offense. There are some jurisdictions that do not recognize the National HIghway Traffic Safety Administration (NHTSA) manual despite using all the tests. Most surprising, there are some jurisdictions that do not have an open discovery policy. I would find it difficult to properly prepare for a trial without having all the evidence beforehand to analyze and prepare my defense.
The more I attend these seminars and compare and contrast other jurisdictions the better I feel about being a Houston DWI attorney in Harris County, Texas. |
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