You are currently browsing the archives for August, 2006.

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 9 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.


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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. Her
LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.
The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.


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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His
LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because the officer observed the vehicle jerking left and right.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 3 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test the Officer reported that my client swayed, hopped, and used his arms for balance.

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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he came in contact with my client because he had been involved in a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery and glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 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. On the One Leg Stand test the Officer reported that my client swayed and put a foot down.

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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by a Trooper of the Texas Department of Public Safety. The Trooper stated that he stopped my client because he observed my client driving without headlamps at night where required.

The Trooper reported that my client had a strong odor of alcohol coming from his breath, had bloodshot eyes, and had urinated on himself..

My client REFUSED A BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test The Trooper reported that my client swayed, used arms for balance and put his foot down three times.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the Troopers involved to justify our client’s arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because he was traveling 87 mph in a posted 60 mph roadway.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

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 .112 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 1 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction. On the One Leg Stand test The Officer reported that my client swayed.

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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stated that he approached my client as my client was changing a tire. My client stated to the Officer that he was driving and struck something in the roadway. The Officer reported that there had been a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was swaying.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. 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 lost balance during instruction, failed to touch heal to toe, took wring # of steps and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times. The Romberg Balance Test (Also known as the Head Tilt or Modified Attention) was given. The Officer reported that my client exhibited 1-2 inch sway from front to back.

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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an office of the Austin Police Department. The Officer stated that he stopped my client because he appeared to be sleeping and sat through several changes of a traffic light.


My client REFUSED TO PROVIDE A BREATH TEST. The Officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. 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 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. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Posted in Drivers License Suspension Victories | Comments Off

National effort targets drunken drivers

Federal and state police started a nationwide crackdown on drunken driving Wednesday, saying previous efforts had not done enough to reduce deaths from impaired drivers.

The crackdown, however, may face resistance from a growing industry devoted to defending people arrested on drunken driving charges. These groups contend overzealous police forces inflated the problem out of proportion, trampling rights in the process. Read the rest of this entry »

Posted in Austin DWI, Austin Police, News | Comments Off