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Jury awards judge $1 million against state trooper on DWI arrest

The Colorado State Patrol says it is working with the state attorney general’s office to determine how to react to a federal jury’s decision to award $1 million to a municipal judge it held was wrongly arrested on a drunken-driving charge.

Jurors found Friday that trooper Cpl. Kevin P. Turner did not have probable cause to arrest John S. Wilder of Monte Vista for drunken driving or prohibited use of a weapon, and did not qualify for immunity from a lawsuit as a public employee. It was the second time the case had gone to trial. Wilder lost in 2004 but was granted a new trial. Wilder said he had tried to settle the case, unsuccessfully offering to drop the case without receiving any money if the patrol revised its arrest procedures.

“The Colorado State Patrol is shocked and disappointed in the decision reached in this case and we are working very closely with the state attorney general’s office in determining the most appropriate steps to take. The trooper involved in case, who is now a corporal, is a nine-year officer with a solid reputation,” said Maj. Jim Wolfinbarger, a State Patrol spokesman. Kristin Hubbell, spokeswoman for the state attorney general, said, “We’re going to look at our options,” Hubbell said. “However, we believe the trooper acted properly and we presented a strong case.” Turner declined to comment. Read the rest of this entry »

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When Drunk Driving (DWI) Deterrence Becomes Neo-Prohibition

Mothers Against Drunk Driving marks its 25th anniversary. The organization certainly has much to celebrate: Deaths from drunk driving are down more than 35 percent since the early 1980s. We no longer chuckle at the bumbling drunk who can barely get his key into the ignition — we scorn him.

Unfortunately, MADD has come to outlive and outgrow its original mission. By the mid-1990s, deaths from drunk driving began to level off, after 15 years of progress. The sensible conclusion to draw from this was that the occasional drunk driver had all but been eradicated. MADD’s successes had boiled the problem down to a small group of hard-core alcoholics.

It was at about this time that MADD began to move in a different direction, one not so much aimed at reducing drunk driving fatalities but at stripping DWI defendants of basic criminal rights. MADD also seemed to expand its mission to one of discouraging the consumption of alcohol in general — what critics call “neo-prohibition. Read the rest of this entry »

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2nd DWI Dismissed – No Probation, No Fine

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer said he stopped her because she was weaving.

The officer reported that he detected an odor of alcohol from my client and had glassy and watery eyes. My client PROVIDED A BREATH SAMPLE. She provided two breath specimens with a reported BAC of .19 and .201. She REFUSED THE FIELD SOBRIETY TESTS. She stated that she didn’t know she could refuse the breath test. Her previous attorney never told her she could refuse. This was especially frustrating since this was not her first DWI.

We took the case to court and let the State know we were going to fight the case. After challenging the legal sufficiency of the stop, it was apparent that the Judge was going to grant our Motion to Suppress all the evidence. The prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)

The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that she was EVER arrested for this charge. Also, had she been convicted of the 2nd DWI, she would have faced mandatory jail time.

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DWI Dismissed

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer said my client exhibited 5 clues of intoxication on the HGN (eye jerking) test. The officer said that my client failed to touch heel to toe, turned improperly and stepped off the line on the Walk & Turn test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense ticket with a small fine. We were also able to get the Non-DWI case deferred, so after the deferral period, we will be able to have that record sealed.

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DWI Dismissed

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer said my client exhibited 5 clues of intoxication on the HGN (eye jerking) test. The officer said that my client failed to touch heel to toe, turned improperly and stepped off the line on the Walk & Turn test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense ticket with a small fine. We were also able to get the Non-DWI case deferred, so after the deferral period, we will be able to have that record sealed.

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DWI Dismissed

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper reported that my client was stopped because he traveled at a high rate of speed right next to the stopped Trooper, when the Trooper had his overhead lights on.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The Trooper reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The Trooper also stated that my client also slurred his words. The Trooper said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client lost his balance during instruction, turned improperly and took the wrong number of steps on the Walk & Turn test. The Trooper said that my client exhibited 3 clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

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DWI Dismissed

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper reported that my client was stopped because he traveled at a high rate of speed right next to the stopped Trooper, when the Trooper had his overhead lights on.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer also stated that my client also slurred his words. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost his balance during instruction, turned improperly and took the wrong number of steps on the Walk & Turn test. The officer said that my client exhibited 3 clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for swering. My client also had 5 open containers of beer in the car. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. He provided two breath specimens with a reported BAC of .267 and .269.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used her arms for balance and put his foot down numerous times on the One Leg Stand test.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was involved in a collision. He was subsequently arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .131 and .129.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, hopped and put his foot down numerous times on the One Leg Stand test.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was involved in a collision in which three cars were hit. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED A BREATH TEST and the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. The Officer said my client’s speech was slurred and he mumbled.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

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