Posted on March 03, 2019 in Uncategorized

With a new case for driving while intoxicated (DWI) making its way to the Supreme Court of the United States, it is helpful to review where we are in DWI law to fully understand the implications of the new case, State v. Mitchell.

Much of the newest developments in DWI law have dealt with implied consent laws, and how they have gotten out of hand.

A Quick Review of Implied Consent Laws

Implied consent laws are statutes that penalize the act of refusing to perform a chemical test for your blood alcohol content (BAC), like a breathalyzer or a blood test. These laws imply your consent to a BAC test every time you use your driver's license to drive on the road. Because they are tied to your license, the only penalties that you can face for refusing a BAC test and violating the implied consent law is an automatic license suspension.

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 Posted on March 03, 2019 in Uncategorized

Houston police have opened their ongoing investigation surrounding a fatal accident last June to the media. According to the police, the driver in that fatal crash was driving while intoxicated (DWI) but was not arrested. Police have now charged him with three counts of intoxication assault, one count of intoxication manslaughter, as well as other DWI offenses, and want to spread the word of the investigation in order to find the suspect.

Intoxication Charges filed Nine Months Later

The accident that has spawned the investigation happened at 10 p.m. on June 8, 2018, in northwestern Houston. According to the police reports, a Ford F-150 was northbound on Wirt Road. At the intersection with Hammerly Boulevard, the driver turned left on a flashing yellow light. A Honda Civic with three children in the car was in the southbound lane. The pickup truck hit the Civic head-on.

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 Posted on March 03, 2019 in Uncategorized

In a recent blog post, we looked at the last time the Supreme Court of the United States talked about the law of driving while intoxicated (DWI): The case Birchfield v. North Dakota. That case dealt with an important topic that will return to the Court in a pending DWI case, State v. Mitchell: the need for police to either secure a warrant before searching for evidence of a DWI crime or justify their warrantless search by showing it fell within one of the six exceptions to the warrant requirement.

The Fourth Amendment, Searches, and Warrants

Simply put, you have a Fourth Amendment right to be free from searches by law enforcement that are "unreasonable." Searches are presumed to be "unreasonable" – and therefore in violation of your rights – if police do not have a warrant.

However, if the police show that their search fell into any of the six exceptions to the warrant requirement, then their search becomes "reasonable" and therefore permissible, in spite of their lack of a warrant.

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 Posted on March 03, 2019 in Uncategorized

​Mothers Against Drunk Driving (MADD) is one of the strongest advocacy and lobbying groups behind some of the most draconian laws against driving while intoxicated (DWI). Recently, they have been focusing on the movement to legalize marijuana. As one recent interview indicates, MADD is more than willing to ignore facts in order to press their agenda. Unfortunately, these tactics put the lives and liberty of lots of people at significant risk.

MADD: Marijuana is the Leading Cause of Fatal Accidents

In an interview with reporters from Toronto's local CTV News station, the CEO of MADD-Canada Andrew Murie made a bold claim: "Cannabis presence is the leading cause of fatalities on our roadways." However, the most comprehensive study on this issue by NHTSA demonstrates the opposite of MADD's false claim.

Where he and his organization have found proof that marijuana is not just a major cause but the leading cause of fatal car crashes in Canada is unknown. What is known is that numerous studies have indicated more or less the exact opposite: While marijuana legalization has been linked to a small increase in the number of total crashes, studies have found no change to the number of fatal accidents. In either case, the number of drugged driving crashes pales in comparison to crashes caused by, for example, distracted driving (e.g., texting and driving).

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 Posted on March 03, 2019 in Uncategorized

A handful of people are being charged with solicitation after a police sting in Houston led to them allegedly trying to meet a minor for sexual favors. As with many of these incidents, entrapment might be a strong defense for those facing these serious accusations.

Nine Arrested in Houston Child Solicitation Sting

According to the initial reports, several police agencies in the Houston area combined forces to conduct a sting for child predators online. These techniques often involve a police officer posing as a young teenager by filling out an online profile and persona and then loitering in online chatrooms until someone initiates contact. The online relationship grows until the undercover officer agrees to meet the other person face-to-face.

In this particular sting, police made nine arrests. Each person is likely to be charged with online solicitation of a minor.

Online Solicitation of a Minor is a Felony

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 Posted on February 02, 2019 in Uncategorized

There are new developments in the ongoing fallout from a botched drug raid in Houston that left two suspects dead and five officers injured. Now, doubts are spreading over the confidential informant from whom one of the injured narcotics officers used to buy drugs – doubts that the informant even exists.

Drug Raid Goes Bad in Houston

After receiving a tip that drugs were being sold out of a house in the Pecan Park neighborhood, one of the Houston Police Department's narcotics officers sought the help of an informant to purchase drugs there. When the informant emerged with a pack of heroin, Houston police used the drug buy as the basis for a search warrant on the house that they claimed would net large amounts of heroin and illegal guns.

When the officers executed the no-knock search warrant, though, the result was a firefight that killed the two inhabitants and their dog and injured five officers. No heroin was found.

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 Posted on February 02, 2019 in Uncategorized

Ex-NFL quarterback and University of Texas star Vince Young was arrested on suspicion of driving while intoxicated (DWI) in Missouri City, Texas. According to police, Mr. Young admitted to drinking several beers before getting behind the wheel. He also apparently failed a field sobriety test. That doesn't mean much because there are no details on how he allegedly failed.

Mr. Young spent the night of the arrest in jail, was booked, and then released on $500 bond.

The arrest was not Mr. Young's first: He was arrested in January 2016 in Austin, Texas, as well. He pleaded no contest to that charge.

The incident highlights the prominent place that DWI arrests have in the news media and how damaging they can be for celebrities or public figures. Regardless of VU's presumption of innocence, he will never be acquitted in the media regardless of the outcome

Penalties for a Second DWI

If convicted, this new case would be Mr. Young's second DWI offense because he pleaded no contest to his first DWI charge and because the last conviction happened three years ago – well within Texas' 10-year look back period for DWI charges.

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 Posted on February 02, 2019 in Uncategorized

A recent incident in Montgomery County highlights how hyper-protective Texas laws are for police officers in the line of duty: after fleeing a traffic stop and allegedly dragging a police officer for a few yards, a suspect is being charged not with a misdemeanor assault, but with the serious felony offense of aggravated assault.

Suspect Flees Traffic Stop, Drags Officer

The incident happened on the night of February 13, 2019, in Montgomery County. Police officers pulled over a vehicle that was going southbound on Interstate 45.

According to the initial reports, when the officer approached the vehicle, the driver reached for something under the seat. When the officer told him to stop moving, the driver hit the gas. The officer was dragged by the car for a short distance before letting go.

Media reports are saying that the officer is in "stable condition," even though his injuries appear to only be a scraped knee.

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 Posted on February 02, 2019 in Uncategorized

A Houston man is facing a charge of driving while impaired after already having eight previous convictions of the offense. The driver was arrested after sideswiping a car on the highway, and the breathalyzer test read that his blood alcohol content (BAC) was.22, nearly four times the legal limit.

If you've been charged with a DWI in Houston and have already been convicted of the offense twice in the past, it's important to get the legal representation you need to fight your charge because you are looking at serious jail time and steep fines that will affect your life for years to come. Here's an overview of the penalties you can expect if convicted of a third or subsequent DWI in Harris County, Texas.

Third or Subsequent DWI in Houston

If you've been charged with a third-offense DWI, the penalties that you can face are severe. If you're in a similar situation, you are no longer facing a misdemeanor charge--in Texas, a third or subsequent offense of driving while impaired is a felony charge.

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 Posted on February 02, 2019 in Uncategorized

The fallout in the Houston Police Department from the deadly drug raid in the Pecan Hills neighborhood last month continues. Now, the FBI is investigating the case, and the Harris County District Attorney is reviewing all of the cases involving the police officer, who has yet to be charged for falsifying reports or lying under oath.

How We Got Here: Did Informant Behind Deadly Drug Raid Ever Exist?

We covered the details of the botched drug raid in our blog before, including how the police aggressively doubled down to protect its wounded officers before changing their tune when it came out that the officer behind the case may have fabricated the drug buy that led to the search warrant.

As the investigation continues, evidence is increasingly indicating that the narcotics officer, 34-year veteran Gerald Goines, made up the drug purchase that led to the search warrant and the failed drug bust. Police have been unable to find the informant that made the purchase, and Goines has made inconsistent statements about the informant's identity.

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