Strictly speaking, Texas criminal defendants do not need to hire lawyers. It's possible, yet extremely foolhardy, to represent yourself. And, the Constitution includes the right to counsel. Furthermore, there are also strict competency standards when it comes to public defenders ...
Month: January 2019
Undermining the HGN Test
The Horizontal Gaze Nystagmus test is one of the three NHTSA-approved field sobriety tests. In almost all DWI cases, the FST results constitute probable cause for the arrest. If the defendant refuses to provide a breath or blood sample, the prosecutor must also use the FST result...
What’s the Difference Between Regular Probation and Deferred Adjudication?
As a practical matter, there is basically no difference between these two types of court supervision. They both usually involve suspended jail sentences, payment of fines and court costs, reporting requirements, and other mandates, such as community service, self-improvement clas...
The Truth Behind the OLS Test
At first blush, the one-leg stand test may seem like a rather mindless exercise. The ability to stand on one leg for fifteen or so seconds may seem unrelated to the ability to drive a car. But there is a method to the madness. Like the Walk-and-Turn, the OLS is a divided attenti...
DWI and eligibility for an occupational driver license
The state of Texas has harsh penalties for driving while intoxicated, which include heavy fines, the possibility of jail time and loss of your driving privileges. If you cannot drive, how will you get to work, to a medical appointment or to your post-graduate classes? Take heart...
NJ Man: I Drove Drunk Because ‘The Jets Suck’
A hard-core fan blamed his team's ineptitude for a serious injury DWI crash outside the Meadowlands in New Jersey. The crash occurred about an hour after the lowly Buffalo Bills humiliated the Jets 41-10. When Wayne police responded to the scene of a rear-end collision, 57-year-...
Some Often-Overlooked DWI Defenses
In most DWI defense matters, intoxication is the only issue. The state can use either direct or circumstantial evidence to prove intoxication. A chemical test that shows a BAC above the legal limit is proof of intoxication as a matter of law. Or, the prosecutor can rely on the ci...
Cases Against Would-Be Bank Robbers Move Forward
In July 2017, two men stormed into the Veritex Community Bank on Merrick in Fort Worth. Now, one of them just pleaded guilty, and another one awaits a competency hearing. 24-year-old Blake Taylor and his accomplice, 24-year-old Desmond Wells, entered the bank and, according to w...
Challenging the Walk-and-Turn Test
Normally, the walk-and-turn, along with the other approved field sobriety tests, establish probable cause for a DWI arrest. This evidentiary standard is between reasonable suspicion (an evidence-based hunch) and beyond a reasonable doubt. So, it's a rather low standard. In refus...
Lawyer: Tarrant County ADA Buried Evidence
According to a motion filed in district court a Tarrant County Assistant District Attorney (ADA) concealed evidence that would have exonerated Christopher Revill in a 2016 kidnapping case. Mr. Revill was arrested in October 2016, shortly after his ex-girlfriend disappeared. Typh...
