I have been getting a lot of questions, regarding the New SOAH rules. Of the 3 major issues that we thought might happen, none of them did. Hearings are still in person, no subpoena is needed for BTO’s or Tech Super, and they are still required to be there if we…
I had to point out that DWI attorney Ken Gibson made his triumphant return to blogging today after over a year hiatus. In his post, Ken details the problems with forced blood draw, and examines why the Austin Police cheif cant seem to get the message. Makes you wonder about what the…
Thanks to Robert Guest for pointing out to me that I was mentioned on Dallas/Ft Worth’s 1310 the Ticket. They pulled up this blog, and the entry HERE. Apparently, they show’s Gordon Keith was talking about Charles Barkley’s recent DUI arrest. They were examining the difference between DUI and DWI. However, I…
I was pretty disgusted when I read an article today on chron.com. A while back I posted about Rep. Michael Krusee, who pushed for legislation fining people between $3000-$6,000 for DWI convictions. Of course, part of this is if you give a breath sample above .16, you are liable to the government…
Ok, so I haven’t blogged in approximately .. forever. But I am determined to get back in the game. In playing around online today (alright, you caught me, I was googling my name), I came across the Sunshine Report’s new issue of what looks to me like passed resolutions. If…
I have always been bothered by one of the ramifications of a DWI conviction: The Substance Abuse Evaluation. I am all for the premise and theory behind it. If you are place on probation following a conviction for DWI, you are required by law to take a substance abuse evaluation,…
If DPS gets their way, yes.. all License Suspension Hearing will be by phone. So the Administrative Law Judge will never be able to look you, the lawyers, or the officer in the eyes. Thanks to Grits for Breakfast for posting on Criminal Justice Agencies Under Review, and discussing the…
In a brand new case out by the Court of Criminal Appeals, the Court has declared that the state does not need to be specific on which theory or theories of intoxication they need to prove. In order to find someone guilty of DWI, the State must prove that person…
In an ALR hearing, it is the job of the Respondent (Defendant) to serve a subpoena on a police officer if they want them to appear. I do this in almost all of my cases. In order to serve a subpoena, one must first request it from the judge. You…
I read an article today about a prison that started a new DWI rehab program within the prison. In "Area prison implements DWI rehab program," it details the new program. It is a "six-month initiative that teaches life skill lessons, alternatives to drinking and driving and the medical, lifestyle and…