Prior to the FSTs, many officers make some accommodations. They normally do not require people with prosthetic legs to perform the one-leg stand test and they sometimes give women the chance to take off high-heel shoes prior to the walk-and-turn test. If officers deny needed acco...
Parker County Criminal Defense Blog
Houston Judge Orders Tekashi69’s Immediate Arrest
The rapper failed to appear in court and answer assault charges stemming from an incident in the Galleria Mall, so a Harris County judge revoked Tekashi69's bond. Earlier, Daniel Hernandez (Tekashi69's real name) allegedly grabbed a teenager who was trying to record the rapper o...
FW Cops Find 100 Pairs of Underwear and 20,000 Child Pornography Pictures
After officers pulled over Brian Morton for speeding, they found lots of sex crimes evidence. Later, after they executed a search warrant, they found even more on his cell phone. Highway Patrol officers stopped Mr. Morton for speeding in September 2018. In a subsequent vehicle s...
Why Do I Need to Hire a Lawyer?
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 ...
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...
