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

A Virgin Atlantic pilot was removed from a transatlantic flight after failing a breathalyser test. He has finally been cleard of this charge after it was discovered that his low-carbohydrate diet triggered a false reading.

Subsequent blood tests on the pilot showed a blood-alcohol reading of just over a fifth of the limit set for airline pilots – which in turn is a quarter of the drink-drive level.

The pilot’s nightmare began when he went through the security checks for flight crew one of the guards thought he could smell alcohol on his breath.

The pilot was allowed to board the plane but about 45 minutes before take-off police got on the aircraft and breathalysed the pilot in the cockpit using a machine calibrated to aviation levels. The pilot failed this test and was escorted off the plane.

A standby crew was called and the pilot was taken to the police station, where blood tests were taken.

He was suspended from duty and released on bail.

The pilot’s blood was sent it to a laboratory where they found only a minimal blood alcohol reading. After the lab tested two more samples, he was exonerated. Read the rest of this entry »

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 for driving at night without her headlights.

My client REFUSED THE BREATH TEST, but she performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.

The officer reported that my client emitted a strong odor of alcohol from her breath and had bloodshot, glassy eyes. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client displayed several clues on the Walk & Turn test, including: stepping off line, failing to touch heel to toe, stopping during the test and turning incorrectly. The officer further stated that my client exhibited 3 of the 4 possible clues on the One Leg Stand test, including: using her arms to balance, swaying and putting her foot down 4 times.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense and paid a small fine.

My client was arrested for DWI in Austin, Texas by an officer with the Rollingwood Police Department. The officer reported that my client was stopped for doing 47 in a 40 mile-per-hour zone.

My client REFUSED THE BREATH TEST, but she performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.

The officer reported that my client emitted an odor of alcohol from her breath, had red, watery eyes and slurred speech. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client displayed several clues on the Walk & Turn test, including: losing her balance during the instructions, failing to touch heel to toe and failing to follow the instructions. The officer stated that my client could barely stand without using her car to balance. The officer further stated that on the One Leg Stand test, my client used her arms to balance, put her foot down and almost fell over at one point.

We took the case to court and let the State know that we were going to fight. We also were able to discover enough fbad acts about the officer to cause the State to abandon their case. The prosecutor DISMISSED THE DWI outright, meaning no fines, community service or probation. This is particularly good because it allowed us to have the DWI arrest completely erased from her record. We also were able to keep her license from ever being suspended.

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 for doing 47 in a 30 mile-per-hour zone.

My client REFUSED THE BREATH TEST and some of the Standardized Field Sobriety Tests (SFSTs). However, she did perform the HGN (eye jerking) test, which she was unaware she could refuse.

The officer reported that my client emitted a strong odor of alcohol from her breath, had bloodshot, glassy eyes and confused speech. The officer further stated that my client admitted to having 4 tall rum and cokes. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client had trouble keeping her balance and that she refused to complete the remaining field sobriety tests, including the Walk & Turn test and the One Leg Stand test.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense.

KVUE reported that the Co-Op Bar, formerly known as Wylie’s, on 6th Street bar in Austin is under fire from state agents who want it closed. The Texas Alcoholic Beverage Commission alleges that the Co-Op Bar is a public safety hazard.

TABC is reporting that the Co-Op Bar has a history of violations. After a bouncer died in the back in January after a fight outside the club, TABC decided to take action.

TABC believes that the Co-Op is worse than the other bars in the city.

“Several intoxication issues and several issues with minors and breaches of the peace seem to be the recurring problem at this location,” said Lieutenant Robert Saenz, with TABC.

Saenz said the agency tried working with the Co-Op Bar, but to no avail.

“We feel like this location has had ample time and opportunity to clean up their act. Therefore we are recommending cancellation (of their license) due to their history of serious violations,” he 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 reported that my client was stopped for going 78 miles per hour in a 60 miler-per-hour zone.

My client had BREATH TEST RESULTS above the legal limit. He also performed the Standardized Field Sobriety Tests (SFSTs), which he was unaware he could refuse.

The officer reported that my client emitted a strong odor of alcohol from his breath, had red, glassy eyes, mumbled and swayed while standing. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client displayed 7 of the 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, stepping off line, failing to touch heel to toe, stopping during the test, using arms for balance and turning incorrectly. The officer further stated that my client exhibited 3 of the 4 possible clues on the One Leg Stand test, including: using his arms to balance, swaying and putting his foot down. The officer reported that my client almost fell to the ground during this test.

We took the case to court and let the State know that we were going to fight. We learned through our research that the police officer that arrested my client had been fired from his job. Eventually the prosecutor agreed to DISMISS THE DWI outright, meaning no fines, probation or community service.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department’s DWI Unit. The officer reported that my client was stopped for going 55 miles per hour in a 40 miler-per-hour zone and swerving off the roadway.

My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse. She should have known she didn’t have to do that tests, since this was not her first DWI arrest.

The officer reported that my client emitted a strong odor of alcohol from her breath. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client displayed 6 of the 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, stepping off line, taking the wrong number of steps, failing to touch heel to toe, stopping during the test and turning incorrectly. The officer further stated that my client exhibited all the clues on the One Leg Stand test, including: using her arms to balance, swaying, hopping and putting her foot down.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense and paid a small fine.

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 after rear-ending another car at a red light.

My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.

The officer reported that my client emitted a strong odor of alcohol, had bloodshot eyes, slurred speech and great difficulty standing and filling out the accident forms. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client failed to touch heel to toe, stepped off line and used her arms to balance during the Walk & Turn test. The officer further stated that my client used her arms to balance, swayed and put her foot down four times during the One Leg Stand test.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense and paid a small fine.

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 for driving without headlights at nighttime.

My client REFUSED THE BREATH TEST, but she performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.

The officer reported that my client emitted a strong odor of alcohol from her breath and that she had glassy, bloodshot eyes. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost balance during the instructions, turned improperly, failed to touch heel to toe, stepped off line and used her arms to balance during the Walk & Turn test. The officer further stated that my client put her foot down and swayed during the One Leg Stand test.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense and paid a small fine. This will allow us to have the DWI arrest removed from her record.

My client was arrested for DWI in Austin, Texas by an deputy with the Travis County Sheriff’s Office. The officer reported that my client was stopped for failing to signal intent to turn.

My client REFUSED the Field Sobriety Tests (SFSTs) and the Breath Test. This wasn’t my client’s first arrest.

The officer reported that my client emitted an odor of alcohol from his breath, had red, watery eyes and slurred speech. The officer said my client admitted to having a couple of drinks that evening. They also found a gun in my client’s truck.

We took the case to court and let the State know that we were going to fight. We showed the prosecutor what a poor job the deputy did investigating my client for DWI. Eventually the prosecutor agreed to DISMISS THE DWI, which will allow us to have any mention of the DWI arrest completely erased from his record.