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DWI Dismissed – No Probation, No Community Service

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 almost hitting the police cruiser, coming to a complete stop at a green light, then making a left turn without signaling intent.

My client REFUSED THE BREATH TEST, but he did perform 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 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 refused to follow instructions during the Walk & Turn test. The officer stated that my client lost his balance during the instructions for the test, turned improperly, failed to touch heel to toe and began the test before being instructed to. The officer further stated that my client put his foot down, swayed and used his arms to balance 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, this is particularly good because it will allow us to have the DWI arrest completely erased from his record. THis win was especially nice because my client is in the education profession and would have lost his job of 18 years had he been convicted.

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

Moving to New Mexico with a DWI Just Got Trickier…

New Mexico Governor Bill Richardson recently signed an unorthodox bill that would require convicted drunk drivers who move to New Mexico from other states to install ignition interlocks in their vehicles before receiving a New Mexico driver’s license.

An interlock would be required for those convicted of driving while intoxicated in other states on or after June 17, 2005. The legislation requires that the device be installed for a period of one year for a first conviction, two years for a second conviction, three years for a third, or for life for fourth time offenders!

The device basically prevents a driver from operating a vehicle if the individual has been drinking. A driver must blow into the device before starting the vehicle and then again randomly after that.

“Fighting DWI is my top priority and these new laws will make life tougher for drivers with out-of-state DWI convictions and tighten rules to ease DWI prosecutions,” Richardson said in a news release.

This new law will certainly place added burden and expense on any individual convicted of driving while intoxicated who attempts to get a New Mexico driver’s license.

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DWI Dismissed

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 failing to signal intent to change lanes and failing to maintain a single lane.

My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.

The officer reported that my client emitted an odor of alcohol from his breath, had red, watery eyes and dilated pupils. 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 his balance during the instructions and used his arms to balance during the Walk & Turn test. The officer further reported that over a quarter of a pound of marijuana was found in my client’s trunk during the search incident to his arrest.

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 minor traffic ticket and agreed to pay a small fine. We also got the Marijuana case reduced from a felony to a misdemeanor. This will allow us to have the DWI arrest completely erased from his record.

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

DWI Dismissed – No Probation, No Community Service

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 46 in a 30 mile-per-hour zone.

My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.

The officer reported that my client emitted an odor of alcohol from his breath, had bloodshot 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 turned improperly and stopped while walking during the Walk & Turn test. The officer stated that my client swayed and used his arms to maintain balance 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 minor traffic ticket and agreed to pay a small fine. This will allow us to have the DWI arrest completely erased from his record.

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