Recent Posts in Law Enforcement Category

Today, I received the judge's decision regarding an ALR hearing  in Houston I had last week.  The judge decided to suspend my client's drivers license despite the fact that I won her DWI trial in Houston.  These officers decided to attend the ALR hearing only to make it more difficult for my client.  They were upset and this was payback.  I hate that this occurred.  They are able to do this because they do not have to prove that my cilent was intoxicated.  The proof that was required was that she refused a breath test in Harris County.

This is the first time as a Houston DWI Lawyer that a police officer attended an ALR hearing after the criminal case was dismissed.  Some officers can be really spiteful!

I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!