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MADD wants ignition interlock for all 1st time DWI convictions

Mothers Against Drunk Driving (MADD), is expected to launch a new campaign—in conjunction with a number of other groups—under which it will propose that alcohol-detection technology be used by drivers to disable their automobiles if they are found to be over the legal blood alcohol limit, The New York Times reports. 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 stated that he found my client passed out behind the wheel of his car.

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 and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .189 and .194.

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 his arms for balance and put his foot down 9 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 Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because the officer said that my client ran a flashing red light and struck a curb.

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 .161 and .162.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 6 of the 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 swayed and used his arms for balance 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. His 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 because the officer said that my client was going the wrong way on a one way street. My client admitted to drinking 5 drinks.

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 .117 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 5 of the 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 swayed 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 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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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 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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DWI Dismissed

My client was arrested for DWI in Georgetown, Williamson County, Texas by an officer with the Georgetown Police Department. The officer reported that my client was stopped because he was weaving as he drove down the highway.

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 .131 and .139. The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy.

My client also did the 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 was not able to hold his foot up for the requested length of time 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. We were also able to keep his driver’s license from being suspended in the ALR process.

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Driving While Intoxicated – DL Hearing DISMISSED

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.

Posted in Austin DWI, Breath Test, Drivers License Suspension Victories | Comments Off