I want to give a big thank you to everyone who purchased our book – “A Cup Of Coffee With 10 Of The Top DUI Attorneys In The United States” last night during the launch.
The launch turned out to be an incredible success, and reached “Amazon Best Seller” list in three categories:
#1 in Court Rules
Collin County DWI cases often involve license suspension issues along with the criminal cases. Should your license be suspended as a result of a criminal conviction, or as part of an administrative suspension (ALR suspension), odds are you are going to want to be driving legally again.
In order to be driving legally, you must obtain an occupational drivers license. An “ODL” has several requirements before being granted by the judge and by DPS. One of the most confusing to many has always been the requirement of SR-22 insurance. For the past 8 years our office has maintained a close relationship with one of the fastest and best SR-22 providers out there, Jay Freeman of Accurate Concept Insurance.
We are constantly informing our clients about the potential horrors of being on probation (also called community supervision). Often, getting probation doesn’t necessarily mean you aren’t going to jail. Sometimes, it just means you are not going to jail “yet.”
Lots can go wrong while you are on probation. Court costs add up fast. Want to travel with family or for work? There’s no app for that, you’ll have to ask permission first. Hopefully your probation officer, the overworked and underpaid one, will allow it or return your call in time. Late to a meeting can mean a long trip to the pokey.
Do Collin County’s Blood Testing Labs Get Paid Per Conviction?
It’s a valid question. If the answer were “yes,” would it spark outrage?
A new study shows that State Crime labs, are in fact paid per conviction. In a new paper written in the Criminal Justice Ethics journal, they found just that. What they showed is that State Sponsored crime labs get paid through court-assessed fees.
In Collin County, most DWI blood test cases are tested by a DPS crime lab. Yes, this is the same DPS that issues your drivers licenses, which immediately gives pause to most intelligent citizens as to the accuracy of who is testing your blood. It is a state agency, not an independent laboratory.
I’m pleased to report that I have been selected to speak at this years, "Gideon’s Trumpet" seminar in Wichita Falls. 
My topic this year will be DWI Blood Testing: A Simplified Overview of Gas Chromatography. Or more appropriately titled, "Gas Chromatography for Dummies Lawyers."
Learn to:
Not too long ago I posted comments about my clients illegal stop and arrest. Now it seems that the Deputy has been sanctioned by the Sheriff’s department. Below is the the video with comments from me on WFAA Channel 8.
Last night, WFAA’s David Schechter ran a story featuring myself and my client after an obviously illegal stop and illegal arrest.
In order for the police to stop and detain someone, they must have “Reasonable Suspicion” that a crime has occurred. This can, of course, include traffic offenses.
But in this case, it is quite clear there was no reasonable suspicion that a traffic offense was committed by my client. The video shows as much. This is confirmed by the police officer, who, in response to my client asking why he was pulled over, states:
The reason you’re being pulled over is because I’m gonna take your camera and we’re gonna use it as evidence of the crimes that have been committed by other bikers.
Obviously stopping someone because of crimes committed by others is not legal. If everyone that took video of others were a crime, everyone at our local news stations would already be in jail.
The other major issue here, is the obvious “creation” of a crime: the obstructed license plate charge.
Each year, the Collin County Bench Bar Association awards a Litigator of the Year Award. This year I was honored to receive the 2012 Litigator of the Year award which was presented at the Bench / Bar Conference.
Two categories of the award are given, County Court Litigator of the Year, and District Court Litigator of the Year. Each of the local bar association nominates an attorney for the both the District and County awards. The associations are the Plano Bar Association, Collin County Bar Association, Frisco Bar Association, and Collin County Young Lawyers.
At the conference, when the awards were announced, I was honored to hear that I was the only attorney nominated by each of the four bar associations for County Court Litigator of the Year.
Next week I’m headed to Gas Chromatography school held at Axion Chromatography Labs in Chicago, IL. It is an extremely intensive course with less than 70 graduates thus far across the country.
So why am I spending a fortune on this course and wasting a week in Chicago in a freezing cold lab?
I’m still pondering the answer, but it seems like necessary training in this DWI blood test world. Gas Chromatography is the technique used to test DWI blood for alcohol concentration. In the past attorneys focused on the “science” (and I use that term lightly) of breath testing machines and standardized field sobriety tests. Personally I am already a certified Instructor in Field Sobriety Testing — I can teach the course that certifies the police officers. But when it comes to blood testing, I have no certification. . . Yet.
This year’s republican judicial primary had a recent “surprise twist.” One of the candidates, James Mosser, switched races from the 380th (with a crowded field) to the 401st. The 401st District Court was not an open bench, but rather it is presided over by Judge Mark Rusch. This years election will be held during the May 29, 2012 Republican Primary.
The 401st District Court is a general jurisdiction court. It hears Family Law matters (divorces, child custody cases), Felony criminal matters, and civil matters. The court was created in 2000 at which time Judge Mark Rusch was appointed. He has presided as the sitting judge since then. He has been re-elected twice, although I do not believe either time was contested.
Frisco DWI Lawyer & Attorney Blog