Frisco DWI Lawyer & Attorney Blog
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 someone else out there knows how to interpret this paper better, let me know. My understanding is that the Sunshine Commission makes recommendation to the legislature on what they should do.
If you take a close look, myself and Larry Boyd seem to be the only ones that showed any opposition to the strongarm tactics of the State and DPS. (At least, we are the only ones listed).
If you look close, at the bottom, the Commission "adopted 4.2, and 4.3." 4.2 is requiring affadavits of breath test operators & tech supervisors to be admissible, "unless the judge finds justice requires their presence." This of course, is BS, because the chicken administrative judges will never find it is in the interest of justice. They work for the State too.
4.3 recommends that defense be required "to request breath test operators and breath test
supervisors by subpoena." Oh yeah, dont forget it is these same judges that decide if you get the subpoena or not! Guess who’s not getting their subpoenas granted? The citizen accused!
Here is the pdf. of the report. : http://www.sunset.state.tx.us/81streports/dps/issue4.pdf