You are currently browsing the archives for October, 2005.

Driving While Intoxicated – DL Hearing DISMISSED

My client was stopped for speeding, 80 miles per hour in a 65 mile per hour zone. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that she didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .171 and .166.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, she didn’t know she had the right to refuse them. The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down 3 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 were successful in keeping our client’s license from being suspended. We were able to get her ALR Hearing DISMISSED.

Posted in Austin DWI, Breath Test, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was stopped for speeding, 52 miles per hour in a 40 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He didn’t know he had the right to refuse them.

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 exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance, and put his foot down 5 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 were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was stopped for speeding, 110 miles per hour in a 60 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He didn’t know he had the right to refuse them.

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 exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. My client admitted to drinking 7 beers.

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.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was involved in a collision, which was seen by a police officer. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .101 and .101.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, he didn’t know he had the right to refuse them.

The officer reported that my client had an odor of alcohol coming from his breath. The officer reported that he had bloodshot and watery eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed 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 were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client lost control of her vehicle and collided with another vehicle. Fortunately, she was not seriously injured. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs). The officer reported that my client had a strong odor of alcohol coming from her breath.

The officer reported that she had bloodshot, glassy and watery eyes. My client knew she had the right to REFUSE THE SFSTs. She exercised that right.

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 her ALR Hearing DISMISSED. This was an important win for our client, because this is her second DWI, she would have ended up with a 2 year suspension.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was stopped for speeding, 73 miles per hour in a 55 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .098 and .095.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, he didn’t know he had the right to refuse them.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and watery eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance and put his foot down 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 were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was stopped for changing lanes without using his turn signal. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .170 and .173.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, glassy and dilated eyes.

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.

Posted in Austin DWI, Breath Test, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client was involved in an accident right in front of a police officer. As a matter of fact, my client’s vehicle struck two cars. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, and refused to do the standardized Field Sobriety Tests (SFSTs). Since this is not the first DWI that I have handled for this client, he knew he had the right to REFUSE THE SFSTs. He exercised that right.

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.

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.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client walked up to an Austin police officer who was investigating my client’s son for DWI. She was arrested in Austin, Texas for DWI by the Austin Police Department.

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

The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot and watery eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 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 her foot down 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 were successful in keeping our client’s license from being suspended. We were able to get her ALR Hearing DISMISSED.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

My client lost control of his vehicle and collided with the front of a business. As a matter of fact, he went off the roadway, up onto the sidewalk, through a parking lot and through the glass storefront. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He told me that he didn’t know he could refuse the SFSTs….Now he knows.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, watery and glassy eyes. The officer said that my client’s speech was slurred when he spoke. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 4 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 were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

Posted in Austin DWI, Drivers License Suspension Victories | Comments Off