Recent Blog Posts in November 2009

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. 

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.

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.

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.

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.

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.