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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he saw her get out of her car and stumble into a convenience store. The officer reported that my client admitting to drinking 4 glasses of wine.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from her breath. She provided two breath specimens with a reported BAC of .176 and .177.

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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used her arms for balance and put her foot down four times on the One Leg Stand test.

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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for having expired license plates and driving on the shoulder of the road. My client admitting to drinking 3 beers. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. He provided two breath specimens with a reported BAC of .202 and .198.

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 3 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 numerous 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.

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Travis County Sheriff’s Office is adding deputies to arrest suspected DWI drivers

The Travis County sheriff’s office is creating a traffic unit to increase their DWI arrests.

Sheriff Greg Hamilton said the unit, which will consist of four deputies, will have the sole task of finding and dealing with drunken drivers. It will operate from 6 p.m. to 4 a.m., and will focus on the eastern part of the county, where wrecks have increased significantly in recent years as the population has grown.

The DWI unit has three deputies and should add a fourth by Jan. 1, Hamilton said. He added that the unit is intended to work closely with the Texas Alcoholic Beverage Commission and the Texas Department of Public Safety. Read the rest of this entry »

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Driving While Intoxicated – DL Hearing DISMISSED

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

My client REFUSED THE PROVIDED A BREATH TEST. My client also Refused the Standardized Field Sobriety Tests (SFSTs).

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.

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2nd 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 because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer reported that my client had slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 2 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine. This was a particularly good win, because this was my client’s 2nd DWI, which upon conviction, would require mandatory jail time.

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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 because he was driving without his headlights.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 4 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 on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

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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 because she was speeding and failed to use her turn signal.

My client PROVIDED A BLOOD TEST, and performed the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from her breath and her eyes were watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 5 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used her arms for balance and put her foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he was involved in a collision where he actually hit a pedestrian. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client REFUSED TO PROVIDE A BREATH TEST. He did, however, do 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 8 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 numerous 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Cedar Park, Texas by an officer with the Cedar Park Police Department. The officer stopped my client because a witness said she was weaving all over the road and the officer stated that my client’s car had damage to the front end, indicating she had been in an accident. The officer reported that my client had a strong odor of alcohol coming from her breath, bloodshot eyes and slurred speech.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .161 and .161.

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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used her arms for balance and put his foot down numerous times on the One Leg Stand test.

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.

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Driving While Intoxicated – DL Hearing DISMISSED

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 said she was stalled at an intersection and had a cracked windshield. The officer stated that he stopped her because he was concerned for her well being. The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and glassy eyes. The officer also said that when she spoke her speech was slurred.

My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). She said she didn’t know she 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 and put her foot down on the One Leg Stand test.

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 the officer had resonable suspicion to stop my client and therefore, couldn’t satisfy 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.

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