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Recent Posts in Blood Test Category

June 08, 2010
  Is Houston,Texas ready to go this low for a DWI?
Posted By Herman Martinez
The United Kingdom is considereing lowering the legal limit for driving while intoxicated (DWI) to .05.  That would be less than a pint of beer of beer at dinner.  I am sure M.A.D.D is all over this and will even cite to it when it approaches states like Texas when trying to influence them to lowering their own legal limit.

Currently, our State blood alcohol limit is .08.  As late as the last decade the legal limit in Texas was .10.  I do not see this being lowered again in the near future.  I think most reasonable Texans would agree that one or two drinks at dinner should not be illegal.
Continue reading "Is Houston,Texas ready to go this low for a DWI?" »

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May 18, 2010
  Harmon's No DIVERT Policy Allowed
Posted By Herman Martinez
Judge Bill Harmon, Harris County Criminal Court Judge #2, has been the only judge that does not allow the DIVERT program in his court. I have written before how frustrating this is as a Houston DWI Attorney to tell your client that because of the court their case falls into they are not eligible for a program that would save them thousands of dollars and could potentially lead to the expungment of their DWI case. 

Recently, a visiting judge ruled that Judge Harmon has the authority to disallow the DIVERT program in his court.  I have a feeling that this is not the last we heard of this issue.  I still hold out hope that Judge Harmon will change his mind as the program heads to its one year anniversary. Regardless, the decision is being appealed to a higher court.

If you need the help of a Houston DWI Attorney please contact our law firm.
Continue reading "Harmon's No DIVERT Policy Allowed" »

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June 01, 2009
  Britain Eliminating DWI Blood Tests
Posted By Herman Martinez
The United Kingdom has realized what DWI Defense Attorneys like myself have always known.  The DWI blood tests are not infallible.  In order to combat the trend of losing cases they are considering eliminating blood tests altogether.  Interestingly, in the States police agencies are moving toward making these tests more readily available then in years past.  Regardless, I look forward to winning more battles when it comes to DWI blood test cases. 
Continue reading "Britain Eliminating DWI Blood Tests" »

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May 24, 2009
  Will the Houston Crime Lab Ever Be Trusted?
Posted By Herman Martinez

The Houston Chronicle is reporting that the Houston Police Department is asking for over a million dollars from City Council so that another group of scientists, from Dallas, may review the work from the Houston DNA lab.   

Are we ever going to trust our DNA lab again?

In my opinion, the HPD lab should outsource all of their work if they do not believe that their current staff can handle the work that is required of them.  I doubt the citizens of Harris County are ready to pay for someone from Dallas to not only review the work of the Houston lab, but also bear the expense of traveling from Dallas to Houston if the case goes to trial.  Also, what type of working relationship will the Harris County District Attorney's office have with this Dallas lab?  How available will this Dallas lab be to the Harris County Criminal defense bar for review?  It seems to me that more questions need answering before the HPD lab is back on its feet and the citizens of Harris County are able to trust their work.

Continue reading "Will the Houston Crime Lab Ever Be Trusted?" »

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