Wednesday, August 4, 2010

ALR Attorney Representation in Dallas - Fort Worth, TX

No one wants to lose their license, but if you have been charged with a DWI, you only have 15 days in order to prevent your license from being suspended for a period of 90 days, or 180 days in the case of a test refusal.
It is crucial anyone accused of drunk driving immediately contact a Dallas - Fort Worth DWI lawyer in order to maximize their chances of beating a license suspension.

If you have already received a DWI, this hearing can be even more important to your ability to keep driving, as you may receive a license suspension of one year.
If you refused the breathalyzer after already receiving a DWI conviction, this suspension will last up to two years. If you do not take a stand at your ALR hearing, you may still lose your license for this period, even if you win at your criminal trial.

In addition to helping you keeping your license, the ALR hearing provides your Dallas - Fort Worth DWI attorney an excellent opportunity to interview the officer that arrested you and challenge the evidence against you.
The license review hearing can serve as a sort of practice trial to help your Dallas - Fort Worth DWI lawyer prepare your drunk driving defense in Dallas - Fort Worth, TX so it will be the most effective when it comes time for your Metroplex criminal trial.

If you have any questions about your ALR hearing, call The Law Office of D. Robin McCarty to speak with an experienced Dallas - Fort Worth drunk driving defense attorney. We operate throughout the Dallas/Fort Worth area and offer free initial consultations and case evaluations.

Monday, August 2, 2010

DWI (Driving While Intoxicated) Information- Defending People Accused Of Drunk Driving Is A Very Serious Matter...

Getting a DWI (Driving While Intoxicated) is serious! You need to take it seriously - so should your lawyer. Even a conviction for a first-time DWI can carry serious consequences, not the least of which is $1,000 or more per year for three years just to keep your driver’s license.

If you are like the vast majority of those who get arrested for DWI, this is the ONLY way that you would ever have come into contact with the criminal justice system.
Only because Texas DWI laws exist, do many people who would never dream of breaking the law find themselves arrested, photographed, fingerprinted, and generally “treated like criminals.”
This is serious business. And once you have posted your bond, the whole process is really just beginning.
The Driving While Intoxicated Laws

A first-time DWI is a “Class B Misdemeanor.” This means it carries a criminal penalty of up to 6 months in the county jail and a fine of up to $2,000.

A second DWI is a “Class A Misdemeanor.” This grade of offense carries up to a year in county jail and up to a $4,000 fine.

A third DWI is a “Third Degree Felony,” which carries a penalty of up to ten years in prison and up to a $10,000 fine. That is penitentiary time, not county jail time.

A conviction for any of these also carries a mandatory driver’s license suspension of at least a year.


Administrative License Revocation

Since 1995, the State of Texas has had ALR. If you have been arrested for DWI, you know the police officer serves on you a “Notice of Suspension / Temporary Driving Permit” and takes your license awa from you.

From the date of your arrest, you then have 15 days to request a hearing on what will otherwise be a mandatory driver’s license suspension from at least 90 days for failing a breath test, to at least 180 days for refusing to take a breath test. If this is not your first DWI arrest, then the suspension times increase dramatically.

IT IS EXTREMELY IMPORTANT TO GET A HEARING REQUESTED AND NOT JUST LET THE 15 DAYS GO BY!!

The ALR hearing is an opportunity that should be exploited. You have the opportunity to make the arresting officer appear at the hearing and give testimony. This could come in handy at a future trial.

If you took and failed a breath test, then you have the opportunity to make the breath test operator and technical supervisor show up as well. And if you request their presence and they don’t show up, you win. If they do show up and you do not prevail, at least you have some testimony you may be able to use later in fighting your DWI case.

The Collateral Consequences

“Collateral consequences” are those not specifically outlined in the criminal codes, but nonetheless attach to a DWI conviction from other sources.

I already mentioned the driver’s license “surcharge” of at least $1,000 per year for three years just to keep your license. That is a “collateral consequence” and a bad one at that. This surcharge was enacted by the 2003 Legislature.

A DWI conviction carries other consequences as well. For instance, if your insurance company finds out you are convicted of DWI, then it will no doubt drop you and you will have to get “high risk” insurance at a vastly higher cost. Car rental companies may not rent a car to you if they know you are convicted of DWI. If you have a job that requires you to be under a fleet insurance policy, such as with a trucking company, you may lose your job if the insurer finds out you have a DWI and drops you. The list goes on.


The Moral of the Story - FIGHT!

I always tell prospective clients that I go into a DWI case with the mindset that we are going to fight it. I collect all the information I can so that you can be in the best position possible to make the crucial decision whether you want to go to trial or not.
There are two reasons I go into every DWI case with the intent of fighting it:
(1) the consequences I have already outlined above are severe – too severe, really; and
(2) DWI cases are WINNABLE!

Remember those tests you were given on the roadside? Here is the breakdown on the accuracy of those tests as determined by the National Highway Traffic Safety Administration (the agency that dreamed them up in the first place):

Horizontal Gaze Nystagmus (the “eye test”): 77% accurate
The Walk & Turn (the “walk the line” test): 68% accurate
The One Leg Stand (“count to 30”): 65% accurate

And these percentages are really only valid when the tests are given under “laboratory conditions.” Needless to say, tests given in questionable lighting on the side of the road on what was in all likelihood not a flat surface and with traffic whizzing by are not given under “laboratory conditions.”

The effective criminal defense lawyer with experience trying DWI cases can make the jury understand this and thus be more apt to discount the “field sobriety tests,” as they are called.

As you have probably guessed, most of the state’s witnesses in a DWI case are going to be police officers. These officers have testified time and time again in DWI trials. Effective cross-examination of these officers requires experience with DWI and the issues surrounding these particular cases (such as the field sobriety tests). But the good news is that when your
attorney has this experience and knowledge, you will almost always have a chance to win.

Even a “breath test failure” case is not a lost cause. The Intoxilyzer 5000 (the breath test machine, or “black box”) has some scientific limitations. For instance, it assumes that everybody on the planet has the same body temperature, metabolism, and physiology. The police will deny that this is a limitation, but doesn’t it seem like one? Further, the machine itself is designed to have a container attached which would save the breath sample for re-testing, but Texas has decided not to use it. If you took a breath test, remember that you got two “scores?” If those two scores are within .02 of each other, then it is considered by law enforcement to be a valid test. Thus, if you blew .081 and then .100, that’s good enough. Doesn’t that seem like a “margin of error” to you?

Sunday, August 1, 2010

Fort Worth Dwi Trial Attorney

Welcome to the law office of mimi coffey - fort worth, texas - dwi criminal defense attorney. If you have found my web site, it is very possible that you are going through a very traumatic time in your life.

You have already been subject to the humiliation of roadside field sobriety tests, been handcuffed and arrested (of which many of you have never gone through this before or ever imagined it could happen to you), been locked in jail like a "criminal" and moreover; had to face your family, and or friends with the accompanying embarrassment and sting associated with an arrest.

My job as a criminal defense attorney, is to ensure that justice is done: to remind you and all those involved in the process that you are a "citizen accused" and to hold the state to its burden- guilt beyond a reasonable doubt- not one based on the unpopularity of an offense.

It is to fight passionately when One of us is charged in the wrong. It is to thoroughly and carefully examine all the evidence and explain the law and processes fully to you, my clients.

Dwi is a highly technical field among law enforcement. Officers are encouraged to obtain nhtsa practitioner certification in standardized field sobriety testing. The texas department of public safety must certify breath test technical operators in order to be able to operate the intoxilyzer 5000 in addition to additional training and requirements for breath test technical supervisors.

It is my firm belief that the intricacies of dwi have surpassed the basic knowledge of a "general practitioner." that is why the law office of mimi coffey - criminal defense trial attorney - is proud to be dedicated to the focus of dwi and dwi related matters in this pursuit of continued research and training in this ever changing and scientifically explosive field.

Dwi is unique to texas in that it is one of the few criminal offenses that involve serious simultaneous civil penalties: that being the administrative driver's license suspension. It is the practice of the law office of mimi coffey to inform, educate and provide for all necessary aspects of the dwi representation that the client chooses from the bail bond, alr hearing, occupational license, plea bargain or jury trial.

Did you know - your texas license maybe at risk of being suspended. That’s right! Your license suspension is automatic. But, if you request a hearing on the issue, in writing and within 15 days after receiving your notice of suspension from the police officer, no action will be taken regarding suspension until after the hearing and all appeals have occurred. If you do not request a hearing the suspension will automatically begin on the 40th day after you received your notice.

Thursday, July 29, 2010

Finding a Fort Worth DWI Lawyer

Ever been stopped on a DUI charge? Yes such things happen yet you could beat the system with the help of a criminal defense lawyer.

Driving under the influence charges demand fast action from you to ensure that your license won’t be suspended. The first thing you need to do of course is employ a lawyer so you can immediately be let go from jail.

In some instances, this does not happen since you are released on your own recognizance. However, a few will require you to post bail which your lawyer can arrange.

Once released, it’s now time for you to address this problem. In some states, a DUI charge generates two separate cases. The initial is filed with the Department of Motor Vehicles whereas the other is a criminal court case. Frequently, when faced with this problem, you might have to face these charges within 10 days from the date of the offense.

Just like any other criminal case, this starts with your arraignment. You will be asked to enter a plea of guilty or not guilty. Odds are, your criminal defense attorney will tell you to plead not guilty to these charges. This will give him or her time to evaluate the details of the case so your defense will be established.
There are lots of methods available that your attorney may use to get you out of a DUI and have proven to be effective.

Your lawyer may for instance dispute lack of probable cause for the first stop. This signifies there had been no motive at all to stop you and if that is the case, submit a petition to suppress any evidence that the police acquired when you had been stopped.
It is also possible to dispute flawed or unreliable BAC results. BAC stands for Blood Alcohol Content which is used to test if the person’s alcohol level has reached the maximum limit which makes him or her harmful to drive a car.

The results might be defective if your lawyer can prove that the evaluation was not correctly administered, the equipment utilized wasn’t properly maintained or you have a medical condition that could have an impact on the consistency of the test.
Another strategy is to attack the credibility of the arresting officer.
If your lawyer can question the police officer and confirm there are inconsistencies within their testimony in contrast to the police report they submitted, you just might have an opportunity of getting a not guilty verdict.

But when things are not working to your benefit and everything was carried out by the book, then your criminal defense lawyer might advise you to accept a favorable plea settlement. Doing this could get you lowered charges or sentencing concessions with the district attorney.

If you do not want to make a deal and choose to gamble in court and lose, you may try to appeal the court’s verdict. If you don’t, there will likely be an increase in your insurance cost, limitations on job options and also you will now have a permanent record.

Employing a criminal defense attorney will be the single method to get out of a drunk driving charge.

Wednesday, July 28, 2010

Attorney At Law | For Tworth Dwi

Arthur Anderson goes down. Enron goes down. Big CEOs in jail. The nation woke up one day and said enough is enough. Don't tell us that just because you hire the best accounting firm you can create your own tax breaks by creating sham companies; just because the SEC in the past has winked at insider trading we are going to continue to allow the big CEOs to get rich because they know when to trade or sell (even going after small trades like the Martha Stewart case).

Whether or not all those involved in the crackdown were deserving (in the Anderson case apparently one nose bleed CPA type brought the whole firm down due to bad ethics) I cannot say but what it obvious is that the press through the nation got the legislators and judges concerned and the rest is history.

The same needs to happen for DWI. Bad ass lawyers have a job to do but we don't serve as the press. Some of the 1.4 million DWI arrestees (this statistic in contrast to NHTSAs approx. 17k alcohol related deaths) need to stand up and cry foul !!

This country has a huge embarrasing problem when we are arresting 99 people for the one idiot who drank too much and killed someone. I WILL BE THE ONE TO SAY IT AND CALL A SPADE A SPADE: BASICALLY ANYONE WHO GETS PULLED OVER WITH ALCOHOL ON THEIR BREATH IS GOING TO JAIL.

The field sobriety tests are designed for failure and are ridiculous (this country would go into fullscale war if we made people do these tests to get their driver's licenses on the same NHTSA grading scales). Why the hell do we use breath test technology for evidentiary purposes when for all practical purposes you cannot retest the samples and the tolerance between two samples is so damn high that the body cannot even physically metabolize the difference (.02) within the 2 required minutes ?!? Give me a break why don't ya ?!

Now we have a MINIMUM $3k surcharge from Texas DPS you have to pay once you get convicted on top of fines, court costs and court related expenses ?! That is double punishment (OR DOUBLE JEOPARDY FOR YOU JUDGES AND LEGISLATORS READING THIS BLOG AND CAN DO SOMETHING ABOUT IT) and serves NO purpose except for people like me to say "Texas DPS is in the business of making money."

This is no different than in the wild west days the local powers that be (the women's Temperance unions because you know the sheriff's were enjoying some drinks at the local saloon) would tax the hell out of liquor establishments to try to get rid of them. Women would parade around town with sign that said something to the effect of: "No lips that have touched liquor will touch mine" (the pics one can find are hilarious !).

Yet history repeats itself - the women's temperance union of the 1800s have now turned into MADD.

MADD is not about helping victims anymore (even their founder claims this and has left the organization: Candy Lightner whose daughter was killed in a DWI) they are about creating victims: the responsible social drinker into an undeserved criminal.

Mend need to quit being impotent and stand up to this nonsense- pillowtalk aside, geez ! Women need to quite lumping everybody together in blind distraction of the real victims out there. Common sense which is not so common anymore

Fort Worth Dwi Attorney | David Sloane

David Sloane is an experienced and aggressive Criminal Law Trial Attorney in Fort Worth, Texas with a focus of legal practice primarily in the areas of Criminal Defense; Driving while Intoxicated or Driving Under the Influence of Drugs (commonly referred to as DWI or DUI) and Driving Under the Inflience by a Minor; Intoxicated Assault and Manslaughter; Marijuana and Drug Possession Cases and Sexual Assault.

We have an impressive track record of acquittals, dismissals and reductions for those charged with these crimes and have amassed a long list of satisfied clients. Our primary goal is to provide those accused of DWI with an aggressive and competent defense against their alleged Drunk Driving charges in the Ft.

Worth area.

Texas DWI matters are very complex and require an attorney that has the highest levels of skill and training. In addition to advanced legal training, David Sloane has been trained in the operation of the Intoxilyzer 5000 breath-testing equipment used by police in all Texas cities including Ft. Worth, and has previously taught Field Sobriety Testing to Police recruits.

David Sloane is one of few attorneys that are a Member of the National College of DUI Defense, a professional organization that only admits attorneys with the highest levels of training and experience in defending those charged with DWI. Their members represent the most experienced DWI defense attorneys in the country. Indeed, only 89 attorneys in the entire State of Texas possess these credentials.

In defense of those accused of Possession of Marijuana, David Sloane has a very successful track record of having these charges dismissed and never appearing on their record.

He has also defended a number of young men falsely accused of sexual assault or “date-rape” which resulted in the charges being dismissed. David Sloane is fiercely loyal to his clients and provides them with honest, direct, and sincere representation.