Recent Blog Posts in October 2009

I am off to another DWI seminar this weekend.  I hope to learn even more about field sobriety tests, and how the police adminster them incorrectly.  This is three full days of working through all the issues that arise out of a DWI arrest. 

 I am always interested in these seminars because it gives me an opportunity to meet DWI attorneys from across the country.  You would be surprised how differently people handle DWI cases.

As a Houston Criminal Defense Lawyer I get parents that can not believe that this is the case.  In Texas, joy riding is called unauthorized use of a motor vehicle.  This happens a lot when a teenager takes a car without a parent's permission.  Unless, the parent comes forward for the child saying that they had persimmon to use the vehicle they will be charged with a felony.

This charge also comes up frequently when someone that is under the influence of drugs or alcohol lends someone the car that they are legally driving in exchange for drugs.  The drug induced person later reports the vehicle as stolen to the police.  Later, a person that is driving the vehicle is not aware of the report by the owner claiming that it was stolen is pulled over by police and charged with the felony of unauthorized use of a motor vehicle.

Yes, please be prepared to be tested for drug use at your DIVERT interview.  It would be a good idea to bring a copy of all your prescriptions to the interview as well.

It has been my expereince as a Houston DWI lawyer that my clients have been hesitant about entering the program because of the strict nature of the contract.  Please completely understand the contract before agreeing to enter the program.

This is a question that I get regularly when someone's friend or family gets arrested for DWI in the middle of night in Houston.  For a first time offender, the bond should be set at $500 if they have never been arrested for any other crime.  For a second DWI, that amount increases to $1,000.  The bond amount really takes a jump on a third DWI.  The main reason for this is because after the second DWI any DWI arrest is classified as a felony.  Thus, the bond is set at $10,000 for a person's third DWI.  There are other felony cases that are felonies such as DWI with a child passenger, intoxication assault or negligent homocide.  Those bond amounts range from $2,000 to $25,000. 

Please keep in mind that those amounts are assuming that the person does not have any other arrests outside of the previous DWI when applicable.

As a Houston DWI attorney I see many different types of cases.  A person is always surprised when they are charged with a felony for their first DWI arrest.  This commonly happens when a driver gets into an accident while intoxicated and a person suffers an injury.  This increases the classification from a misdemeanor to a felony.

Please keep in mind that just because a person is charged with a felony means that they will not be convicted of this charge.  The case may still be dismissed or reduced to a misdemeanor.

As I stated earlier this year, I feel like it is my duty as a DWI Lawyer to share my DWI knowledge with the public.  Anyone searching for a DWI attorney or lawyer is bombarded with static websites that essentially say the same thing.  I wanted to give that person more facts pertaining to their DWI arrest.  Please keep in mind that I mainly practice DWI in the Greater Houston area.  Therefore, anything that I mention is mostly how it is done in Houston, Texas.  Nevertheless, this information applies to all Texas' cases and most DWI across the country.

Originally, blood alcohol tests were designed to strengthen the witness testimony.  These tests ignore the differences in the elimination and absorption in each individual.  Therefore, it is unfair when a prosecutor looks at the blood alcohol test to determine the offer that will be made to the accused.

Similar to a recent appointment made by President Obama, Governor Perry has also a Hispanic Female to the State's Highest Civil Court.  Perry appointed Eva Guzman, to be the first Hispanic female to the Texas Supreme Court.  While as a Houston Criminal Lawyer I would not be arguing before this court since the highest court for Criminal appeals in our state is the Texas Criminal Court of Appeals, it still is a historic moment.

Judge Guzman's family history is an inspiration for young woman of all ethnicities, races.  She is one one of seven children and the daughter of Mexican immigrants that only had an elementary school education. Her mother worked mostly as a cleaning woman.  Professionally she has been a judge in Houston since 1999.  She attended South Texas College of Law. 

The Oakland Raiders are known for having some colorful players on their team.  During the 70's and 80's they would sign players that wore out their welcome with their teams or were released after having some type of legal issues.  Players like Jim Plunkett, Lyle Alzado, and Ted Hendricks fit the Raiders image to a tee.   

Lately, the Raiders have fallen from grace.  Their team is considered to be one of the worse  run franchises in the NFL and owner, Al Davis is routinely mocked by football experts.  It has gotten so unruly at "Raider Nation" that during the preseason their coaches were involved in an incident that may lead to assault charges.  The Raiders are expecting their head coach, Tom Cable to be arrested for felony assault potentially spending time away from the team during the regular season.

Luckily, in Houston, Texas this can be avoided.  In Harris County,Texas there is a procedure to avoid going to jail when there is a warrant for someone's arrest.  A "non arrest" bond allows someone to avoid the inconvenience of having to be arrested before going to court to dispute the charges against them.

A Public Defender's Office (PD) has been approved by Harris County, Texas' Commissioners Court.  Anyone who thinks this is a magic potion to the problems with the criminal justice system is naive.  These offices are notoriously overworked, underfunded, and some are even threatening to close.  For example, Georgia's Public Defender's Office is saddled with lawsuits and struggling to pay the bills.  This problem is not exclusive to Georgia. The PD's offices in Alameda County, California, Miami-Dade County, Florida, Missoulian County, Montana, and the State of Michigan all complain of taking on too many cases, not having enough resources to properly defend their clients and/or looking at a serious staff reduction.

Is Harris County, Texas ready to tackle this massive assignment with our current state of the economy?  Does the Public really know what they are getting with the Public Defender's Office?  Does "John Q" citizen want to pay a PD's office in Harris County?  These are questions that the Commissioners Court hopes to answer by February of 2010. 

As a Houston DWI Lawyer I enjoy keeping up with all the DWI arrest gadgets.  Here is a new IPhone application that may help prevent a DWI arrest. 

If you would like more information regarding a DWI arrest in Houston please click here for the Houston DWI Attorney website.

Google first page ranking is a millon dollar question.  If you talk to one hundred search engine companies they are say that they will get your website listed on the first page of google.  I am always skeptical of this claim because there are only ten spots in the organic results so not everyone will make the first page.

I am lucky that Scorpion Web Design has helped me so much with my web design and getting my firm listed with Google.  They speak my language...clear and honest.  Do not be tempted by a company that promises you first page results.  That company will do your website more harm than good if they use unscrupolus methods to achieve a first page ranking.

One of the many frustrating things about Google is their local results.  According to several reliable sources there is not a way that a website gets chosen to appear in this section of their search engine.  I anticipate that Google will start charging a fee to be listed in their local map by the end of next year.

The Secure Continuous Remote Alcohol Monitor better known as SCRAM has been become a very popular device across the country.  In Houston, they are used in DWI cases when the person informs the court that they do not have a vehicle to install the interlock device.  There are over 15,000 units being used today.  Harris County Judges have started using it as a condition to a person's DWI probation . An anklet with a GPS is due out next month.  As a Houston DWI Lawyer I anticipate that our courts will be using them more often in the future. 

Despite the popularity SCRAM devices are susceptible to false positive readings and malfunctions.  Among other things, baked goods like raisin bread and sourdough English muffins can cause the body to produce its own alcohol. And like any computer-based device, the Scram can malfunction. The buildup of sweat and dirt on the anklet has been known to provide an incorrect tampering reading.  When using these devices with more regularity the courts should be also aware that like most machines it is not flawless.

There are several reasons that I enjoy my profession.  I am able to help people, fight for the underdog, and battle the Government on a daily basis.  I have always said that I can be a lawyer until I lose my passion for the work.  I intend on working as a criminal attorney until I can not physically practice any longer.

Recently, I came across a person I can emulate, Jack Borden, a lawyer that is still practicing law at the age of 101.  He has been practicing law for over 70 years.  Amazingly, Mr. Borden still puts in 40 hours a week at his Weatherford, Texas law office.  I can only aspire to be as successful in my career.