Austin Texas Drunk Driving Defense, Ken Gibson, Attorney at Law

So a Sixth Street bar called The Chuggin’ Monkey finished fourth among Austin bars when police asked suspected drunken drivers where they had their last drink.

This is a testimony to the lack of creative thinking among Austin’s drunk community.

Tell me this much. What kind of a genius would admit to a cop that he’d just been sucking down suds at a place called the Chuggin’ Monkey? Why would you say that out loud to a cop? Was the Pukin’ Gorilla closed? How about the Vomiting Giraffe?

Hey, man, do yourself a favor next time you get pulled over and come up with a better story than that. If you tell a cop you’ve gotten sauced at a place called the Chuggin’ Monkey, pal, you’re goin’ down. You may as well just lay on the ground and spread ‘em.

Next time, be creative and tell the cop you’ve been drinking at the Headliners Club, or some swank place the cop might figure means you have an I.Q. and a job.

Say something like, “I’ve been drinking at the Hyatt with the mayor. Don’t you know who I am?” And they’ll Taser your butt anyway. But it sounds good.

Anyway, under a new program called Operation Last Call, Austin cops ask drivers they suspect of being loaded where they had their last drink. Read the rest of this entry »

A former Austin police officer on Friday pleaded guilty to a state jail felony charge and two misdemeanors in connection with accusations that while on duty he touched the breasts of two women in his custody and enticed another to show her breasts to avoid legal trouble last year.

Jason Lockaby, 34, pleaded guilty before visiting state District Judge Sam Robertson to violation of civil rights, attempted violation of civil rights and official oppression charges, said Travis County Assistant District Attorney Patty Robertson.

Lockaby, who was fired in December after his arrest a month earlier, faces up to two years in a state jail on the first charge and up to one year in jail on the others.

Robertson said the plea was part of a deal with prosecutors, but she declined to say what they agreed to recommend at sentencing, scheduled for next month.

The final sentencing decision will be up to the judge.

Lockaby, who remains free pending sentencing, was accused of stopping the women in his patrol car on RM 620 in far North Austin.

Several of our “bad” DWIs went away because Lockaby was the arresting officer.

Click here for the full story in the Austin American Statesmen

About a year ago, Austin police began asking drunken driving suspects a new question as part of their roadside investigation: Where did you have your last drink?

Officers began logging the answers in their offense reports and compiling a list of the most frequently mentioned bars and restaurants. Then they started sending the information to the Texas Alcoholic Beverage Commission.

The agency began investigating establishments on the list. Since this spring, it has issued citations against at least five of them, and it is trying to yank the alcohol license of Dallas Nightclub on Burnet Road, which tops the list. Forty people arrested for DWI since January have said they consumed their last drink at Dallas.

Dallas, which says the statistics unfairly imply that they knowingly serve drunken patrons, is fighting the agency’s attempt to revoke its license.

“We aren’t naive enough to think that we are going to stop drunk driving,” agency Lt. Robert Saenz said. “But if we can help reduce it, then we think we are contributing to this fight.”

Austin is the first city to provide such statistics to the agency. Saenz and other officials said they hope to persuade police in other cities to do the same.

The list, obtained by the Austin American-Statesman this week, includes other well-known venues. Read the rest of this entry »

Washington Post – Washington D.C. Police Chief Charles H. Ramsey yesterday defended officers who arrest drivers with blood alcohol levels below the legal limit, and amid growing criticism of the department’s “zero tolerance” policy, he insisted that officers continue to be able to use their discretion.

“We do have a policy that if a person is driving a motor vehicle and appears to be impaired in any way, then they can certainly be charged and tried for driving under the influence,” Ramsey said. “It’s in the judgment of the arresting officer.”

Still, for the second day, some D.C. Council offices were swamped with angry calls and e-mails, aides said, about the police department’s little-known zero tolerance policy for drinking and driving. Council staff members are investigating just what the policy is and what law gives the police the authority to enforce it. Some council members said they will look into ways to address the broad latitude the policy has given arresting officers.

One officers who has made such arrests, Dennis Fair, said D.C. law gave him the authority to arrest drivers with as little as a .01 blood alcohol level. “If you get behind the wheel of a car with any measurable amount of alcohol, you will be dealt with in D.C,” Fair said in an interview. “We have zero tolerance.” Read the rest of this entry »

The Bartlett mayor, who denied having a role in an Austin hit-and-run collision last week was charged Wednesday in connection with the incident. Bartlett is a a small town in Williamson County.

While the Austin Police Department charged Bobby Hill, 61, with leaving the scene of a collision, there is much speculation that he left the scene to avoid another DWI charge.

Austin Municipal Court officials refused Wednesday to release a copy of the arrest warrant, citing a new policy under which they say the document is not public until an arrest is made.

Hill could not be reached for comment and was not in custody Wednesday evening. The Class B misdemeanor charge is punishable by a jail sentence of up to 180 days and a fine of up to $2,000, the same punishment range as a first time DWI.

In an unrelated matter, the Texas Rangers closed Bartlett City Hall for about an hour Wednesday and searched it.

Williamson County District Attorney John Bradley confirmed that the search took place but declined to comment on what authorities were investigating. The search warrant was sealed.

Hill said Friday that one of his children had the car at the time of the accident.

The hit-and-run happened about 5 p.m. Thursday when a white Cadillac Escalade, registered to Hill’s wife, rear-ended a Toyota Tacoma on the upper deck of southbound Interstate 35.

The driver of the Cadillac fled the scene. Witnesses described him as a white man with short graying hair, police said. Coincidently, this description fits Hill as well. Read the rest of this entry »

In a bold and unusual move, representatives from the Williamson County District Attorney’s office along with the Texas Rangers raided Bartlett City Hall.

Bartlett is nestled in northern Williamson County — northeast of Georgetown.

The small town’s mayor is now facing arrest.

Around noon Wednesday, the Williamson County DA’s office along with the Texas Rangers searched Bartlett’s city hall seizing a computer along with several documents.

“They indicated it was part of an ongoing grand jury investigation, and that that’s all that they could say. Certainly wouldn’t want to make any speculation of what they were looking at or who they were looking at,” Bartlett Police Chief Michael Lummus said.

A Williamson County judge sealed the search warrant. District Attorney John Bradley told KXAN he won’t identify the targets of the investigation for fear that information will disappear.
But this all comes the same day that Bartlett Mayor Bobby Hill was charged with leaving the scene of an accident that happened in Austin last Thursday.

According to the Tribune Progress newspaper, firefighters tried to flag down the driver of a white Cadillac Escalade immediately following the accident. It’s registered to Hill’s wife.

Firefighters even went as far as knocking on the windows but the driver described as a man in his 60′s with grey hair did not stop. Read the rest of this entry »

Winnebago County, Wisconsin is starting a “Mobil Eyes” program, which gives money to people for calling in drunk drivers.

Winnebago County recently adopted the Mobil Eyes program, which gives a $50 reward to people who call the Sheriff’s Department and give information leading to the arrest of drunken or erratic drivers.

The county implemented the program on Sept. 16. Since then, police arrested one drunken driver on U.S. Highway 41 and have hopes of catching more people.

The Sheriff’s Department is hopeful that adding the program will help people make the decision to avoid drinking and driving. But, if people still choose to make poor decisions, police think that Mobil Eyes will greatly increase the number of arrests in connection with drunken driving.

However, people who call in do not receive their reward until they fill out a form, which an on-sight police officer has to sign, saying that their tips led to the conviction. Also, the caller may be asked to give a statement to police or testify against the driver convicted if they bring their case to court.

Since the Mobil Eyes Foundation received their 501-C status in Dec. 1997, which allows them to receive charitable contributions as a non-profit organization, it has helped police in Wisconsin make nearly 1,450 arrests, according to president of the foundation David Karner.

Despite all the success the program has had, the lack of funding has caused the original reward of $100 to fall to $50, and possibly down to $25 or nothing at all in the future according to Karner.

Click here for the full story as reported in the Advance Titan

A Republican congressman from The Woodlands, near Houston, Texas, was arrested and charged with driving under the influence in South Dakota.

A state trooper pulled over U.S. Rep. Kevin Brady, 50, Friday night for a problem with the taillights of his vehicle, Clay County Sheriff Andy Howe said.

It was homecoming weekend at the University of South Dakota, so officers were on the alert for driving violations including manning sobriety checkpoints, Howe said.

Authorities are waiting for results of a blood test to determine Brady’s blood-alcohol level at the time of the arrest.

The legal limit in South Dakota is .08.

Click here for the full story as reported on News 8 Austin

A federal judge could decide Wednesday whether to temporarily invalidate part or all of the City of Austin smoking ban that took effect Sept. 1.

The ordinance prohibits smoking in Austin bars, restaurants and live music venues.

A group of bar and restaurant owners has sued the City of Austin, arguing, among other things, that the ban violates their constitutional rights relating to property and individual freedom. District Judge Sam Sparkswill decide whether to lift the ban while the lawsuit goes forward.

Even if the bar owners don’t get their way, their testimony Tuesday revealed some embarrassing problems with the two-month-old ban. Read the rest of this entry »

The special prosecutor in the drunken driving case against Travis County Judge Sam Biscoe announced Friday that he will file a motion to dismiss the charge.

Special Prosecutor, Allan Williams, said Biscoe presented evidence, including medical records, that his diabetes could have caused the symptoms, such as poor coordination and weakness in his legs, that led to his arrest on Manor Road last year.

The prosecution’s medical expert reviewed the evidence and agreed with Biscoe’s doctor, Williams said.

“Because of the opinion of all of the medical experts, I have serious doubts as to whether Mr. Biscoe was intoxicated,” Williams said.

“The system worked as it’s supposed to,” Biscoe said, “and I’m pleased with the result.” Read the rest of this entry »