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After a small hiatus from my blogging, I am back.  I will be posting soon in a slightly different manner.  Before, I was mostly searching around for articles and other blogs, and commenting on them. 

Instead, I am going to being my focus on DWI tactics, DWI trial strategies, and Collin County, Dallas County, and Denton County practices.  I believe that this is the area where this blog can become most useful to my readers — which include the general public and other attorneys alike.

I look forward to the comments of readers of how they enjoy the new focus.

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I thought one area to start the new blog focus was on explaining a little bit about the new Collin County Courthouse.

As of right now, there are two separate courthouses handling the caseload for Collin County.  The "District Courthouse" (handling Felonies, Larger Civil Cases, Divorce Cases, and Juvenile Cases), and the "County Courthouse" (handling Misdemeanors and Smaller Civil Cases).

The courthouse where most DWI’s are going to be handled will still be at County Courthouse located at 1800 North Graves Street, in McKinney Texas.  This is where they have been for a while.  Eventually, we are told that they are going to be moving into the new District Courthouse.

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Many of my clients come into my office knowing that they want to fight their DWI case.  I’m OK with that.   In fact, as I have stated in past blogs, in general, there is very little to lose by going to trial on a DWI 1st case.

Despite knowing we are going to trial, the plea bargaining process is still an important one. . . even in counties, such as Collin County or Dallas County, where pleaing to a non-DWI offense will almost never happen.

Here is why it is important to get the best offer you can from the state, even if you never plan on pleaing to it.  If you go to trial, and are not successful, often the first thing done by the prosecutor is to look at the last recommendation given to the attorney in the case.  The point being, usually they will be seeking a tougher punishment after trial. 

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Although not directly related to DWI, a new ordinance enacted by the Frisco, TX City Council could have DWI and DUI ramifications.

The City of Frisco enacted a new "curfew" for those under 17, spanning from Midnight to 6am.

In my opinion, this is just another "solution" to a problem that just does not exist.  Although I like Mayor Simpson, he explained in an article on WFAA.com, that:

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device      In a new law enacted at midnight tonight, Arizona will require all first time offenders convicted of DUI to install an ignition interlock device on their vehicles.  The Arizona Republic Online reports that not only will 1st time offenders be required to install this device, but also, anyone whose BAC is over .20 will have a mandatory jail sentence of at least 45 days.

The article reports:

Hardest hit are first-time violators and a new class of "super extreme" DUI offenders whose blood-alcohol concentration registers 0.20 percent or above, which is more than double the legal limit of 0.08 percent.

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In a recent blog post by blogger Robert Guest, he posts about some of the techniques taught to prosecutors when cross examining a defendant in a DWI case.  These are the same techniques taught to me while working as a prosecutor.  He reports from old manuals that he has:

Today’s subchapter is called "Crossing the Defendant", it should have been called "guilty until proven innocent." Prosecutors are taught to spin or ignore evidence of innocence.

– ADA’s are taught to work out a "time line" of that day’s events with the defendant. Why? Because there is "no credible way the defendant could have kept track of that, so you will either succeed in showing their no memory of times, or he has an overdeveloped memory."

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Congratulations to new DUI / Criminal Defense Blogger Steven D. Eversole, on his new Alabama DUI & Criminal Defense Law Blog.

Steven has already gotten started with some great blog posts including:

We are all looking forward to seeing this blog develop!

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I last posted regarding CMI’s refusal to reveal their source code here.  Apparently, court orders do not seem to phase this "government contracting" juggernaut.  CNET now reports that CMI has missed their deadline for turning over the source code. According to CNET:

The next step is a court hearing scheduled for September 19, Underdahl’s attorney, Jeffrey Sheridan, told CNET News.com in a phone interview on Tuesday. At the hearing, Sheridan is expected to ask the judge to throw out any evidence the state had obtained using the the Intoxilyzer 5000EN. If the judge agrees, at least one charge–that his client was driving with a blood alcohol concentration above the legal limit of .08–would likely be dismissed.

Sheridan had predicted in an interview with CNET News.com last month that the Minnesota state public safety commissioner would not supply him with the source code to the device, as ordered by the Minnesota Supreme Court, by the August 17 deadline.

I understand their arguments, "proprietary information, and all" but I don’t buy it.   This is a device that is used to convict people.  Take away their freedom.  Restrict future jobs and earnings.  Gets people fired from existing jobs.  Takes away MILLIONS of dollars from people through fines, court costs, and attorney’s fees. 

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For quite some time now, DWI attorneys have been seeking the source code of the Intoxilyzer 5000.  In a recent article posted on CNET, one defendant in Minnesota received a favorable decision.  Congratulations to fellow DWI attorney Jeffrey Sheridan, of Strandemo, Sheridan & Dulas with the favorable ruling.  . . We’ll see if CMI actually turns it over. …

Police Blotter: Defendant wins breathalyzer source code

Man charged with drunk driving says his attorney needs access to the source code to fight the charges; state supreme court agrees.

By Declan McCullagh
Staff Writer, CNET News.com
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The following is an article by Lawrence Taylor that is by far the best article I’ve seen on the "history" of breath testing.  I thought about making comments to it, and adding my take on each of the pieces of the article, but I don’t want to mess up his article.  It’s great just how it is.

During trial, in a breath test case, attorneys often want to relate the message to the jury that this machine is simply the newest contraption in a long line of contraptions.  The argument is that the state is going to tell us that this is up to date technology, and works perfectly.  . . But here’s the problem.  They used say the last machine was up to date technology and worked perfectly.  And the machine before that, and the machine before that.

Right now, in the Collin County, Dallas County and Denton County they use the Intoxilyzer 5000.  some use the en version, and some do not.  There is an intoxilyzer 8000 out there already.  On CMI’s website, they even proclaim:

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