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

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer made contact with my client because he was involved in a collission. The officer reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.

My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). He said he didn’t know he could refuse them. 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 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 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.

One out of every five drivers on the road after midnight is under the influence of something, according to MADD TEXAS. The key is knowing what police officers are looking for when you’re on the road.

Corporal David Daniels is assigned to the Austin Police Department’s DWI Task Force. On a recent Saturday night, he combed North Lamar down to William Cannon and through the streets of downtown looking for drunk drivers.

A DWI charge usually starts off as a routine traffic stop.

“We look for violations, running red lights or speeding. Intoxicated drivers have a hard time maintaining their lane of traffic,” Daniels said.

And, if you’ve had anything to drink – even just one – get ready to prove you’re not drunk. Daniels said officers conduct sobriety test any time a driver indicates they’ve been drinking. More than a dozen officers are looking for drunk drivers on any given night.

Sometimes, when drivers correctly refuses to walk the line or follow their eyes with the officer’s flashlight, it’s off to the BAT bus. It stands for Blood Alcohol Testing. The small white school bus is stationed at different locations on different days as a faster way to process drunk drivers.

In Texas 42.5 percent of DWI arrests were wise enough to refuse to take a BAC test, according to a state report. Read the rest of this entry »

Officer charged with theft after allegedly taking merchandise from Wal-Mart store.
Round Rock police arrested a Texas Department of Public Safety trooper Thursday and charged her with misdemeanor theft after she allegedly took $58 worth of merchandise from a local Wal-Mart, according to police documents.

Jennifer Lopatowski, 30, is in custody at the Williamson County Jail with bail set at $750.

A Wal-Mart loss prevention officer called police to the store near the intersection of Interstate 35 and Louis Henna Boulevard shortly after 2 p.m. Wednesday after he saw Lopatowski put a jacket, an infant sleeper and four flash cards into a Wal-Mart bag and another bag she brought into the store, police documents said. Read the rest of this entry »

My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Highway Patrol. The officer made contact with my client because he said she ran into the back of a motorcycle and then drove into a ditch. The trooper reported that my client had a strong odor of alcohol coming from her breath and bloodshot glassy and watery eyes.

My client felt as if the trooper had made up his mind to arrest her regardless of how she did on the test, so she REFUSED THE FIELD TESTS. My client REFUSED A BREATH SAMPLE, as well. She did however admit to drinking 3 glasses of wine and 2 beers.

We appealed the so called “automatic” suspension of her 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. Her LICENSE WAS NOT SUSPENDED.

My client was arrested for DWI in Austin, Texas by a Deputy with the Travis County Sheriff’s Department. The deputy stopped my client for swerving. The deputy reported that my client had a strong odor of alcohol coming from his breath and that he slurred his words when he spoke.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .140 and .142.

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 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client put his foot down and refused to continue 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.

Police are working extra hours due to a grant from the Texas Department of Transportation.

The $54,000 Selective Traffic Enforcement Program Grant allows the department to pay more than 1,600 hours of overtime for officers who do additional traffic enforcement.

The grant funding lasts through September 2006.

The officers focus specifically on traffic violations such as driving while intoxicated.

Click here for the full story as reported by the Austin American Statesman

Fraternity keg parties, “beer pong” tournaments and dollar pitcher nights are rites of passage for college students.

But authorities are cracking down, saying alcohol is the common denominator not just in flunking out but in campus rapes, criminal mischief and even deaths.

Spurred by an evolving view of their community role, colleges and universities have made strides against disruptive drinking with stricter policies, tough penalties and more education.

But researchers say students are doing more binge drinking, which raises new challenges.

And just as students have conflicting views on alcohol, officials have different ideas on how to curb destructive use.

“You crack down on one area, and it moves to another area,” said Drew Hunter, president of the BACCHUS Network, a peer-based education program that focuses on alcohol abuse and prevention. Responsible Drinking. To reduce excessive drinking, many universities have turned to intervention, Web-based self-assessment tests and even medical amnesty, a policy that shields students from sanctions if they call for help because of an alcohol-related emergency.

Education alone doesn’t work, officials say. The same goes for scare tactics. Read the rest of this entry »