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I recently posted here of why a DWI "win" is all relative.   Especially in light of a  tough plea bargain offer that is not much of a "bargain" at all. 

Shawn Matlock of The Matlock Blog (no, not Andy Griffith with a blue suit), gave another great example of a relative win.  In the past, he spoke about relative wins here.  His more recent post, Life in a Box, explains how he was lucky enough to see some great lawyers, Mark Daniel and Tim Moore, fighting a death penalty case.  In the end, the client was given a life in prison sentence instead of the death penalty.  And while life in prison might not seem like a win to most — when looking at the alternative, it can certainly look O.K.  Especially when the reason you are on trial is for killing a police officer.  No one is saying it is O.K. to kill anyone, especially not a police officer.  But apparently 12 people felt that life in prison was a just punishment.

In the end, it is always important to ask your clients what their goal is.  For some, it is being found not guilty.  For others, it is to receive a fair punishment for the crime.  Either way, we as lawyers must do our best to achieve fair and just results for our clients.

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Thanks to Tom Mighal from the Inter Alia blawg for making my site the "blawg of the day" recently.  Tom is the senior counsel at Cowles & Thompson in Dallas.  His site has turned me on to several other good blawgs that I would not have otherwise known.

Tom was also recently featured on Kevin O’Keefe’s Real Lawyers Have Blogs. 

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It would seem that State Rep. Scott Inman of Oklahoma came up with the perfect way to curb DWI’s.  His bill would require anyone who is convicted to have it printed on their drivers license for four years.

I found the story  Inman Wants DUI, DWI Information On Licenses on the The McCarville Report Online, which follows OK political news.

Apparently Representative Inman believes that this will "alert" bartenders to the license holder’s propensity to drink and drive and cause them to be cut off.

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Judge Ray Wheless, the County Judge of Collin County #4 is the only Judge in the county that offers a Drug Court and a DWI Program.

The DWI program is for repeat offenders.  Specifically those who think they have a problem with drugs or alcohol, and want help.

His court hears almost all DWI 2nd cases now.  There are some definite benefits to the program, but also some down sides.  There are also, in my opinion, some major unintended consequence of his having the program in his court.

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Anyone know if he took a breath test?  Bueller, Bueller….

Dallas Police Officer Arrested On Suspicion Of DWI
12/15/2007 — Dallas police said an officer was arrested on suspicion of driving while intoxicated.

Senior Cpl. Billy Ailey was taken into custody early Sunday morning, police said. He was placed on administrative leave pending an Internal Affairs investigation, police said.

Ailey is assigned to the South Central Patrol Division. He has been an officer with Dallas police since January 1985.

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I’ve often said that the reason I do not post a list of trial "wins" on my website is because I feel that to do so is deceiving to potential clients.  Simply saying "DWI case – Not Guilty" is not fair because EVERY case is different.  Some cases, quite honestly, you SHOULD be winning.  Some cases, are significantly harder.  And in every case, the client’s idea of what a "win" is, is different.

My trial this week truly brings this point home.  I represented a client accused of DWI 2nd.  He provided a breath sample of .210, and .220.  Close to 3 times the legal limit.  The offer pre-trial was to be convicted of DWI second, $2000 fine, court costs, 2 years probation, an ignition interlock device on his car, a S.C.R.A.M. device (ankle monitor that checks for alcohol — very expensive), and 30 days in jail as a term and condition of his sentence.

We decided to take the case to trial, knowing that it was going to be a very tough battle.  The jury ended up finding my client guilty.  After a VERY hard fought trial, the  judge assessed the punishment.  the punishment ended up being a lower fine ($1000 instead of $2000), and only 5 days in jail instead of 30 days in jail.

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In an interesting development in Plano DWI news, it appears that four officers are now on trial for THEIR misconduct…

Four Plano officers face federal lawsuit
By Stephanie Flemmons, Staff Writer

A Driving While Intoxicated arrest has led to the unveiling of what Tray Boswell believes was a “set-up” by four Plano police officers and his ex-wife.

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In yet another showing of solidarity, a recent Dallas Civil Court Judge refused to take a breath test after being arrested for suspicion of DWI.  His answer to the officer was "not until I get some water and insulin".  Do you think the officer obliged, or just charged him with DWI?

This is just one of a long line of people who know the system, and refuse to take a breath test on the State’s often faulty machine.  You can read about other Judges refusing breath tests HERE.  Along with judges, the police refuse breath tests as well.  Along those lines, Mark Bennett has been blogging about what the Police know that you don’t know (not even talking to the police during their investigations).

Dallas civil court judge arrested on suspicion of DWI

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     What happens if you have had your license suspended because of a Breath Test failure or Breath Test refusal, and during the suspension, you are acquitted of DWI on the criminal charge?

     524.015 of the Transportation Code is controlling in this case.  The code reads:

EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON
DRIVER’S LICENSE SUSPENSION. (a) Except as provided by Subsection
(b), the disposition of a criminal charge does not affect a driver’s
license suspension under this chapter and does not bar any matter in
issue in a driver’s license suspension proceeding under this
chapter.
(b) A suspension may not be imposed under this chapter on a
person who is acquitted of a criminal charge under Section 49.04,
49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
Code, arising from the occurrence that was the basis for the
suspension. If a suspension was imposed before the acquittal, the
department shall rescind the suspension and shall remove any
reference to the suspension from the person’s computerized driving
record.

     When my clients are found Not Guilty by either a jury or a judge, I always send a letter to DPS with a certified copy of the judgment, and reference this statute.

      In order to find out if your license suspension has been rescinded, you can call DPS at 512-424-7120.

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Congratulations to Birmingham, AL DUI lawyer and fellow blogger Steven Eversole on  his recent induction into the membership of the NCDD.  NCDD is the National College of DUI / DWI Defense.  NCDD is the premier organization among DWI and DUI defenders across the nation.

Other recently inducted members in Texas include:

  • Jamie Gonzalez of Edinberg, TX
  • Pilar Espinoza of Edinberg, TX
  • Edward Chernoff of Houston, TX (and fellow blogger — Thanks Mark!)
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Frisco, TX 75034
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