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With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases.

Well, the paper was coming along very slowly, and I quickly realized my topic was too broad.  I decided to narrow it down to remove all "constitutional/"are the warrants illegal" areas, and leave that area to another legal scholar.  In general, I think the Transportation Code is so clear, I didn’t want to get on my soapbox about it any more.  Plus, I have read (but don’t buy into) the Beemon case which is where most prosecutors point to.

If anyone is interested in working on a paper with me, let me know.  Maybe a law student out there??

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Well, it seems as if the blood draw debate is continuing.. this time in Austin.

Austin DWI Attorney Jamie Spencer has been reporting on the Vampire Blood Draws heading to Austin Here, and Here. 

The newest twist is evident from the headline in this article on KXAN in Austin — "APD chief wants officers to draw blood on DWIs"  Apparently it is not good enough to take someone to the hospital against their will, strap them down, and pull their blood.  APD wants the officer to do it.

As Jamie points out, people on KXAN’s website are commenting in droves — mainly against the idea.  He shows that "[t][he overwhelming majority said it was a bad idea. 46 commenters – out of 51 total – were against it."

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A great point was made recently by Jamie Spencer (through George Scharmen at the Rusty Duncan Criminal Defense Seminar put on by TCDLA) regarding the cross examination of an officer about HGN.

Jamie points out in "Nystagmus, Mostly Leave it Alone" that not a lot of cross examination is necessary.  Mark Bennett agrees in his comment that "juries are duly unimpressed with the ‘pen voodoo’ as one juror called it post-trial."

Here is my take on it:

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I have reported in the past that whenever a Judge or a police officer is arrested, they always refuse breath tests (and here).  But when an average Joe is arrested, they will often submit.

Well, it looks like one judge was able to take it a step further and get his case dismissed.  In a recent article, "Texas judge’s DWI charge dropped," the Houston Chronicle reports that that the Judge had his case dismissed after a special prosecutor was appointed on the case. 

Naturally, following his arrest, "He refused to take a breath test."

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I read a pretty disturbing article in the Dallas Morning News yesterday. The article is entitled, "Dallas County commissioners ask judges to generate more revenue from courts"

The crux of the article is that Dallas County wants more money, and they believe that the judges should be the ones generating this money through those convicted of crimes.

There are some major problems with County Commissioners trying to set fines in criminal cases.

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In under three years on Ft. Worth’s police force, one officer is receiving accolades for arresting a ton of people for DWI.  IN the article, "Going after DWI’s earns top honors", the Ft. Worth Star-Telegram reported today.

This officer apparently impressed the folks at MADD by being:

responsible for more than 20 percent of the total arrests made by his nine-officer unit last year. He has made 290 DWI arrests and more than 85 non-DWI arrests while conducting normal traffic stops.

Apparently arresting the most people for DWI, and you get to become the officer of the year.  I wonder how many of his traffic stops he conducts, smells alcohol, and determines they are not intoxicated?  Would guess not many, considering that many times he, "gives his potential third or fourth arrest of the night to another officer."

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I just added a new Blogroll to the website.  These are all of the sites on my blog reader that I read regularly.  If I’m not floating your boat with my posts, try checking some of these out.  If I missed anyone that is criminal law or DWI/DUI related anyone, let me know

 
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I recently received a brochure entitled "How to Care For Someone Who Has Had Too Much To Drink"

It was mainly intended for the college crowd.  I’m not a doctor, but I figured someone might stumble on to my site looking for an answer to this question.  Therefore, here is the text of the brochure:

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While most college students understand the importance of drinking responsibly, situations can arise where people become very drunk.  Providing care for a person who is drunk is important; failure to act could result in a life or death situation.  By following the steps outlined here, you will be better prepared to handle an alcohol-related emergency:

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I spent this past weekend at a certification course to gain the same certification the police officers have in Standardized Field Sobriety Testing.  I was going to attempt a daily blog about the course, but I ended up too tired with with too  much to do each day I went home.

This course certifies the participant as a practitioner in Standardized Field Sobriety Testing.  It was put on by Lance Platt.  This is the same course that the police go through.  It also provides the students with the latest edition of the SFST manual (August 2008.)

All in all, it was a fantastic course.  Nice to learn some new information, but also particularly nice to know the exact training the officers go through… or lack thereof.  That is some of the stuff I plan on writing about.  How, although this 2.5 day course is good, it is no where near enough information I would like a police officer to have when taking away someones liberty.

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If you are place on deferred probation for a DUI charge, you were probably ordered to attend an Alcohol Awareness Course.  The program is 6 hours long.

This course, as told by the state:

contains information on the following topics: societal values related to alcohol consumption by minors, the influence of alcohol advertising on young people, the physical, social and psychological effects of alcohol upon young people; the relationship between motor vehicle and other accidents and alcohol use; relevant laws relating to the purchase, possession or consumption of alcoholic beverages by minors, drinking patterns and problems of young people including abuse and addiction and decision making skills.

Here is a list of the courses in city order.

Contact Information
2591 Dallas Parkway, #207
Frisco, TX 75034
Phone: 469-333-3333
Toll Free: 1-888-DWI-FRISCO

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