DWI 2nd in Galveston County Court 2. Galveston County ADA tried the case with Texas Highway Patrol. The client suffered from insomnia and ADHD. She was allegedly called in for reckless driving on 45 south bound exiting 518. However, when the Trooper began following her on 518: no swerving, no weaving, no speeding, and used all her signals. He finally pulled her over for stopping past the stop sign on her own street. The pictures and measurements revealed the stop sign was 27 feet from the curb. Her Jetta could almost fit twice between the sign and the curb. It was a shoestring tackle. She looked ok for a woman that worked 14 hours and suffered from ADHD. However, the over-aggressive DA tried to argue that she took her klonopin just because she had a prescription, even though she told the officer she only takes it for insomnia. Granted it was his first trial/voir dire, but he should probably have aimed a little lower than trying this case against me. The jury did not appreciate him over reaching and attacking this poor lady. He even kept stating that she refused the blood and breath test, which was clearly not the case. I guess it's that time in my career where I am a trophy to beat in trial. The DA, just like the Trooper, thought since she had a DWI once 6 years ago, she must be guilty again. No test, no accident, no problem. NOT GUILTY!!!
DWI 2nd in Harris County Court 9. Harris County ADA tried the case with Pasadena Police. The case started falling when I crossed the officer. Who allegedly radared my client doing 65 in a 40 , however never said that on video and instead said: 65-80, 70ish, 70+, 65 plus or minus 5,he was haulin butt. The radar gun doesn''t work like that. I personally think they didn''t even have reasonable suspicion to pull him over but the case made it all the way to the jury. Client was exhausted and denied drinking. He did admit to taking his klonopin 4 hours before the stop, but stated that it didn''t make him drowsy and he was a 0 on a scale of 0 to 10 for intoxication. The SFSTs were ok, but the jury realized those tests are designed for failure after my cross-exam. Honestly, this case should never have been tried. But, the DA did not want to dismiss it because it was his second arrest. That''s the problem, that''s why he was arrested in the first place. A misdemeanor DWI should never hear about any prior arrests, it''s about that one arrest, that one night. Jury followed the law and gave him his life back and didn''t send him to jail. No test, no accident, no problem!!!
0.140 BREATH TEST! Client hit something on I-10 that caused his car to stop driving. And of all people to come to the rescue was Sergeant of the DWI Task Force. Client was a third year law student at the time of arrest and a current lawyer. He couldn''t afford to lose, so he actually hired Jed Silverman and myself. Jed picked a great jury and systematically weaved doubt throughout the arrested officer. He showed how the HGN doesn''t really mean anything and the officer compromised the validity in his administration. Client looked good on the Walk and Turn and One Leg Stand and then said his alphabet twice. Client was still arrested and submitted a breath test 45 minutes after the stop of a 0.138 and 0.140. I handled the DPS Technical Supervisor. She was young but knowledgeable. Talked about all the inherent problems with the Intoxilyzer 5000 and then got in to specifics about the machine in this case. The machine was a spare they put in and once the Eprom was changed, the client went from 25% random probabilities to 62%. Something is definitely wrong with the source code. But in the end, we were able to catch the arresting officer that he didn''t properly observe the client for the required 15 minute waiting period. So the jury heard the entire breath test evidence, then decided to suppress the breath test themselves, and found him NOT GUILTY on loss of mental and physical faculties. Jed and I''s first trial together was a huge success. We didn''t even hire a breath test expert.we are the experts!!!
0.098 BLOOD TEST!!! (I believe this makes me the only attorney in Harris County to win 2 blood verdicts where the jury heard the result.) ???? Anyways, client was going through a divorce and mad a cocktail at his house and went for a drive. He got pulled over for passing a car too fast on 290 by a Trooper who was training a new Trooper. My trips were: Innocent Man, Training Exercise, Insufficient Evidence. The main Trooper was very likeable and smart. However, I systematically weaved reasonable doubt through the HGN, WAT and OLS. The only thing the client couldn''t do was say his alphabet D->T He tried 12 times. But he was a 51 year old man with no kids. The alphabet test is not validated for intoxication! By the end of my cross, there was no loss of mental or physical faculties due to intoxication. Could have been due to nervousness, uncoordination, or inexperience. The client consented to blood. The nurse did not know her predicate or procedures and it showed. Then I crossed the analyst from DPS and taught jury about blood testing and it''s pitfalls. After hearing my cross of the blood analyst, Judge took it upon herself to actually suppress the blood test as unreliable. Too many ways the sample could have been contaminated. The jury still heard the score, but went back and gave a just verdict. They followed the law, no blood test, no loss of mental or physical due to intoxication, easy. ABCDWI? ABCNTGLTY!!!! And, won this case without hiring an expert to testify.
0.127 BREATH TEST! Client was pulled over for driving with no headlights on Washington Ave at 2am. Had no loss of mental faculties and looked great on the Walk and Turn and One Leg Stand. There was an open bottle of Crown in the car and his girl friend was allegedly very drunk. When the valet's returned his car they didn't turn on the lights and valet's turn off your automatic lights when they park it, so BE AWARE. Client is deathly afraid of needles, so consented to a breath test. Breath test of 0.127 at 330am. During trial, we had to file a Motion to Recuse the judge for improperly coaching the State how to deal with my trial skills. The Motion was denied and the Judge continued to help the State. However, what Judges don't realize is that the jury doesn't like to see the referee/judge wearing the other team's jersey. And, that was in fact my closing argument. The jury helped me and returned the just verdict of Not Guilty despite the uneven playing field. The didn't like the machine's maintenance history; the fact the officer was an overzealous advocate and not an independent witness; or the Judge's treatment of me. The Judge also kept his MADD plaque on the wall for the entire trial.
Client was pulled over for speeding on his way home from Buzzfest. Client admits to 6-7 beers and on a scale of 1(sober) and 10(drunkest ever) says he is a 5. Trooper Oelsner performs the SFSTs which client performs normally for him. Trooper still doesn't arrest and give him the finger touch test. Trooper admitted on the stand that the finger touch is not validated and has never been validated to determine intoxication. Client was never give the opportunity for a breath test and refused blood. For some reason the Trooper did not get a warrant on this no-refusal weekend. Honestly, and I told the jury this in open court, the Trooper did his job and had probable cause to arrest. The mistake was on the part of the Montgomery County DA. They shouldn't have tried this case and wasted valuable county resources. The DA has the power to dismiss cases or even offer a reduction in that county. For a year and a half I asked for a reduction, never a dismissal. They are just so gung-ho up there that they have become completely unreasonable. So we had nothing to lose and everything to gain. Jury came back and said the DA over exaggerated his case and they trusted my client. Maybe the DAs office doesn't know that I am not scared of them and I am going to try the pants off every case they don't work with me on. I am proud of the jury for standing up for my client and following the law. The jury made the right decision. (and the client was a Omega Phi fraternity brother of mine from Trinity University, so I really didn't want anything bad to happen to him. Now he can move on in the right direction with his life.)
0.144 BREATH TEST! Client was asleep in the drive thru of McDonalds at 215 am. The police officers called DWI Task Force out to the scene. They did the HGN, then my client looked great on the Walk and Turn and the One Leg Stand. The officer then did the HGN again. He said it was because he forgot the angle of onset, but through cross it was evident he did not know if client was intoxicated after such good performances. Client went to the station and submitted a breath test of 0.137 and 0.144. Problem was that client was on a high protein diet for 30 days before this. When you eat no carbohydrates you force your body into a state of ketosis where your body starts eating your fats for fuel. Then when in ketosis, you consume a carb like alcohol, it kicks the ketosis up a notch. Your body has to react by converting the extra ketones to isopropyl alcohol. And the Intoxilyzer 5000EN can''t differentiate between the alcohol (ethanol) you consumed and the isopropyl alcohol produced by your body. Therefore giving you a falsely high breath test score. I had no expert and walked through all of this science with the State's own expert. I even had a brain surgeon on the jury panel. He understood what was going on. Jury did the right thing. The DA was very good, they are the best I''ve seen in Harris County, but ultimately could not explain away this reasonable doubt. With no loss of mental faculties, no loss of physical faculties, and the DA couldn''t get around the high protein defense, it was Not Guilty all around. The jury again made the right decision and followed the law on a very touch and scientific case.
Client was offered DIVERT and turned it down. I even recommended that he take DIVERT because of how bad he looked on video. But he was adamant he wasn''t intoxicated and had faith that I could convey his story to the jury. Client was not intoxicated, he was different. He lived at home with his parents, never played sports, barely had a girlfriend. All he did was work and go to school. Very, very great guy. Went out and had some beers and got caught in the speed trap by the Corillion Center on Westheimer. Pulled over for speeding and the DWI Task Force used it as a training exercise to teach a new officer how to do SFSTs. HGN- 6, OLS almost fell over, and WAT stepped way off and took too many steps. But he had EXCELLENT mental faculties. From the start I explained to the jury that a person must lose their mental faculties before their physical faculties with intoxication. So, with excellent mental and poor physical, that means the loss of physical had to be due to nervousness, unfamiliarity with the tests, or just being uncoordinated. Client took the stand and let the jury know who he was and how uncoordinated he was. Jury followed the science and returned a just verdict of NOT GUILTY. (The scariest clients to take to trial are the innocent ones.)
7 minute not guilty verdict. Client was speeding down 45 dressed as ''Tiger Woods' mistress'' from a golf tournament that she worked for Baker Street Pub. She was pulled over for speeding by ex-DWI Task Force. He thought she was intoxicated but let her drive off the freeway (????) where he called another DWI Task Force unit to come finish the tests. She told the officers 11 times on video that she was cold or freezing. The officers refused to conduct the SFSTs in a controlled setting and instead stated that her poor performance on the SFSTs was due to intoxication and not the weather. Client was going through a custody battle and wanted to plead guilty because she could not afford trial. Not on watch! Yes, I am a lawyer with a heart and a sense of justice. I tried the case for free and we won. The jury followed the law and returned the only just verdict.
3 minute not guilty verdict, the quickest of my career. Client allegedly was speeding down the feeder at over 90mph when he hit a curb, blowing both his tires, and hit a lamp post. He then was pulled over with two flat tires. He was given the SFSTs by a DWI Task Force officer who had been on the Task Force for 5 days and MDT logs showed he was excited to be catching DWIs on that date: Cinco De Mayo. And my client was Hispanic! My client never stood a chance. In all fairness to the DA, the wheel witness was terrible and the officer made a lot of mistakes. But it was through my diligence that we had the MDT logs, dispatch tapes, and 911 call to discredit all of the witnesses. The jury followed the law and knew this case should have never been tried.
0.172 BREATH TEST. Client was an Iraqi Freedom veteran who lost his foot when an IAD went off while he was fixing a tank. Unfortunately he had a juvenile criminal case that was dismissed, so Judge Roger Bridgewater wouldn't allow him into the DIVERT program, even after we appealed. And I can't say thank you enough for that decision! Now, I had nothing to lose and this veteran wasn't taking a guilty plea under my watch. So, I tried the case for free (military discount) and the State had to dismiss with prejudice. While I worked this case up, I found huge internal HPD memorandums from the old Intoxilyzer technical supervisors, Culbertson and Wong, that stated the simulator was contaminated. Even when I presented this evidence to the DA they couldn't dismiss because they have a new scientists, who knows nothing about what happened back then, but is willing to be a puppet and just say everything is okay. However, I then caught them in a trap that the 15 minute observation period was not observed by a certified breath test operator. And that violates protocol. The DA did the just thing and dismissed. Fortunately I was able to give my client his life back and his security clearance wasn't taken away by a DWI conviction.
Client was pulled over for driving with his headlights off and refuses all tests on video. Police say that he is unsteady on his feet, red watery eyes, and a strong odor of alcohol on his breath. After debating for 23 minutes, Fort Bend County Sheriff's Office decides to arrest him for DWI. The DA, recognizing their weak case, offer to dismiss the DWI if he will plead guilty to a Class C Open Container ticket and take some classes. Oh yeah, because he had 2 empty beers in his truck. I have to admire the client's confidence in my ability, because he turned it down and went to trial. It's what I would've done too, but ultimately it has to be the client's decision. The Judge entered a Judgment of Acquittal after hearing the officer testify in my Motion to Suppress hearing and threw the case out. I sincerely appreciate the client who is willing to stand strong and let me do what I do best, fight!
Client was pulled over with his shirt off driving 65/35 on Montrose. According to the officer, failed the SFSTs at the scene. Was arrested with an open Budweiser in the console. Very lethargic and forlorn on the video. Then threatens to ''kill the f'n officer'' afterwards. Jury could not decipher beyond a reasonable doubt between client's mental illness and intoxication. They followed the law and did the right thing.
Client was pulled over for speeding in a new Corvette with his 15 year old son in the car. Client had 3 glasses of wine while working in the yard. Full hip replacement prevented him from doing the Walk and Turn or One Leg Stand. HGN 6 clues, perfect Finger Touch, messed up Counting Backwards, and could not say alphabet G-T at all. Brazoria County should have dismissed it but they have a no deals policy on DWI2nd. DA offered no deals. The jury followed the law and could not find him intoxicated beyond a reasonable doubt.
Client pulled into the driveway of a high-rise after going out on Washington Street all night. Came inside the building, unzipped his pants and passed out on the couch. The guards called him in for public lewdness and the police arrested him for DWI since the guards saw him drive. However, through the witness going blind and changing her story at least 4 times before trial, the jury found reasonable doubt as to who actually drove the vehicle. The jury followed the law and found him Not Guilty.
Client was coming out of Whataburger at 230am and cut off a civilian. That civilian called 911 and testified that Client was 'driving like an a$$hole'. Client was followed and police found him passed out in his driveway with Whataburger all over his lap. Allegedly failed SFSTs at the scene, but no video. Client was very angry on the station video. What the DA didn't want to listen to is that Client just had a baby a month ago (or technically his wife did) and he was absolutely exhausted. My argument: exhausted + making poor decisions of consuming alcohol + being irate for wrongful arrest DOES NOT EQUATE to DWI. Jury followed the law and found him Not Guilty.
HIT A BUILDING! Client drove into a Taqueria building in a strip center at 1am. Admitted to consuming alcohol. HGN- 6 clues, estimated 30 seconds at 50 second, OLS - 3, and WAT -6. Jury came back in 12 minutes NOT GUILTY. The cops did just enough to get probable cause. I convinced the jury that the officers didn't do enough to convince them beyond a reasonable doubt. the jury followed the law. And I locked down the officers in their testimony that there was no way they could prove intoxication.
Client was pulled over driving the wrong way down a one way street in downtown Houston at 550am after almost striking a police car. Performed his field sobriety tests like Hunter S. Thompson on drugs. The officer angered the jury by playing games and trying to argue with me. The State failed to prove intoxication beyond a reasonable doubt. The jury followed the law and found him not guilty.
Client was pulled over for going the wrong way down a one way street. Teacher and career was on the line. Full scene video of Standard Field Sobriety Tests done by DWI Task Force. Case directed out after arresting officer lied about stop.
Client was driving home from a bar and pulled over for weaving and speeding. HGN 6 clues and almost hopped into traffic on the One Leg Stand. Donkey hee-hawed in the middle of it forcing client to laugh uncontrollably. Prosecutor wouldn't reduce the case. We had nothing to lose. As in most 1st DWIs, you'll still get probation even if you lose at trial. Why take the strike without even swinging the bat? Client still can't believe how far we hit that HOMERUN! We still keep in touch and thank the lord the jury followed the law.
Client left a bar on Washington at 2 a.m. Pulled over for speeding and weaving. Pulled over by DWI Task Force including the Sgt of the Task Force. Failed the HGN, Walk and Turn and OLS. No breath test. Full scene video of all tests. Jury did the right thing and followed the law: State could not prove it beyond a reasonable doubt. Didn't help the State that the DWI Officer was one of the worst I have ever seen and was caught lying on several cases. We just can't have that on the force.
Client almost hit a sidewalk and bushes as he squealed around a corner. Pulled over and was too incoherent to answer any questions or walk. Carried to the patrol car and carried into jail. No scene video. Station video of him replying 'nah' to every question and barely standing up. 2nd DWI within 5 years so had a minimum of 5 days in jail if we lost. Prominent Houston family, we didn't have the option of losing. The jury said 'the State failed to prove the case beyond a reasonable doubt.' The jury followed the law.
Bar owner called 911 because client refused a taxi. He was pulled over and had poor SFSTs, receipt for 8 Jaegerbombs, passenger arrested for Public Intoxication. Client didn't think we had a chance and wanted to take a deal. I knew better.....
0.16 BREATH TEST! Client was pulled over by a fire truck for almost striking the truck at 330am. SFSTs at scene from DWI Task Force. Client blew a 0.16 Breath Test at the station. Client was an international oil man and travelled all over the world. A DWI would have prohibited him from entering Canada and other countries. We had to win. Hired a language expert and co-counsel. I have a picture of all of us smiling in front of the court after hearing those two beautiful words: Not Guilty! We still keep in touch.
A father rear ended a car at a red light. Tried to flea the scene. Officer arrested him for being too drunk to stand. Station video starts out 'f'n lesbos!' and does all field tests at station on video. Tries to bite camera. Angry is NOT intoxicated!
0.21 Breath Test! backing out of a driveway and pulled over. Looks great on video. Dr. Gary Wimbish testified on our behalf. Jury came back in 10 minutes that they didn't trust the breath test machine.
Client pulled over for wide turn coming home from a DMB concert at the Woodlands. HGN off camera. One Leg Stand and Walk and Turn on video. Wife crying in the car. Arrested by aggressive Montgomery County police officers.
.24 Breath Test. 2nd DWI within 5 years. Client pulled over for hitting a guard rail and another car on I-45. No scene video. Only a 30 second video of Client crying at the station. Jury heard the breath test score and came back in 15 minutes saying they don't trust that machine after cross examination.
Client was a psychologist who left a party and passed out behind the wheel striking the median on I-10. Poor field sobriety tests. DA could not prove intoxicated and not drowsy from work.
Client was a lawyer pulled over on Kirby after leaving a bar. Very windy and performed well on SFSTs but could not say his alphabet. Tried 3 times. The officer messed up his Xs and Ss on the stand during cross examination.
0.10 BREATH TEST! Fort Bend County. Client looked good on video. Jury couldn't rely on the breath test machine. When asked what would make them believe in it, they pointed to me and said 'don't let him talk.'
0.16 BREATH TEST! Client squealed his tires in a fast Supra while next to a police car. Pulled over and does poorly on field tests. Directed verdict: not reasonable suspicion to just squeal your tires.
My neighbor. Pulled over for weaving after a 911 caller called in his driving. Performed okay on field tests. Very poor officer knowledge of proper police protocol and procedure. Not gonna cut it.
Client entered Ellington Air Force Base through the exit gate and lead military police on a high speed chase as they pointed a gun at him. Finally pulled over and Airport police administered tests. Not breath test. No scene video. Only a station video.
Hispanic client pulled over for almost striking a police car on the freeway. Pulled over a mile later. Poured his open container on the floorboard of the passenger seat. OK SFSTs. Confused the Spanish and English alphabets. International traveler and everything on the line. Defense: being a foreigner is not intoxicated.
Again, just because you are Hispanic and don't understand everything, doesn't mean you have lost your mental and physical faculties due to intoxication. Maybe these cops should get to know the client? Or call a Hispanic officer????
Client left a wedding reception after midnight with his wife. Was driving wife's Prius at over 100 mph. (It's a quiet car) Pulled over and performs SFSTs on side of road. State couldn't prove case beyond a reasonable doubt.
Client going through nasty divorce with wife. She calls cops and says he is driving around drunk. Pulled over and supposedly fails SFSTs miserably. But NO VIDEO. Big problem! Can't prove beyond a reasonable doubt.
Brazoria County with old Judge Blackstock. Client wrecks his car with a passenger inside. In jail with robe on and slippers. Tells police he was hit in the head with a bat. (????) Admits to wine and Ambien. Passenger was never subpoenaed and State couldn't prove who was driving, well beyond a reasonable doubt. Judge threatened to throw me in contempt for winning this nasty case on a technicality.
Pulled over for almost hitting a Volvo. Anonymous caller never appeared. Police couldn't corroborate that testimony. And no video of SFSTs. Winner winner, chicken dinner!
Client pulled over on St. Patty's day by DWI Task Force for running a red light. Full scene video of Standard Field Sobriety Tests. All failing, according to Officer. Regraded for the jury.
Client was on Felony DWI bond and as a condition was not allowed to be driving. He was pulled over driving and given a speeding ticket. The police officer failed to realize that client was not supposed to be driving. So 7 years in prison for a bond revocation was on the line for a speeding ticket. Hedwig Village too. State couldn't prove that he was speeding beyond a reasonable doubt because police officer didn't know anything about radar, when it was calibrated, or even how accurate it was. Jury had no idea how far reaching their verdict was.
Client was on her way home from a girl's night out after picking up her child. A true DWI sped by her and got into a one vehicle crash. My client stopped and rushed to help the victim of the crash. When the police arrived, she admitted to drinking earlier that night and even submitted to a blood test. The test came back at a 0.03. However, the DA still accepted charges and was going to try and use Retrograde Extrapolation mumbo jumbo to prove she was intoxicated at the time of driving. Thank goodness this case landed in a reasonable court with reasonable DAs. Within two weeks we presented the case to the Grand Jury and they made the just decision to No Bill this case and give the client her life and family back.
Client was accused of choking his girlfriend. Too bad the choke mark she had was a birth mark and she was a drug addict. Felony Assault Family Violence no billed!
Assault with a Deadly Weapon. Client was accused of pointing a gun at his acquaintance in a barber shop and demanding money. It was later discovered that this was a repayment of a loan and no gun was used. No witnesses to corroborate the story of the complainant.
Allegedly, client was attempting to smuggle a gun into Mexico in a paint can. However, using an investigator and old fashion beating the streets we were able to show the DA that the ''complaining witnesses'' were just young punks that owned a sketchy bus stop and were trying to shake my client down for money. It's a true shame when illegal aliens get railroaded by shady people. Not on my watch!
Same client as above was a convicted felon so his alleged possession of a smuggled handgun was a crime in and of itself. But again, this was a classic shakedown by some young people trying to harass an older Hispanic gentleman that had a felony DWI on his record. Not on my watch!!!
0.16 BLOOD TEST. It was client's second DWI and there was no room for bargaining. We tee'd it up and were ready to fight. Had Amanda Culbertson ready to testify about the problem with Harris County Institute of Forensic Sciences gas chromatography. We weren't going anywhere. After a year we were finally up for trial. The State had witness problems and had to dismiss it. Thank you to the State for this gift. I also did not charge the client a trial fee even though I spent considerable time preparing. There are a thousand ways to skin a cat. You just have to have the guts to trust in your lawyer and go all the way. Good things happen when you set it for trial!!!
Client was the president of his fraternity at UH and on the Dean's list. One random night him and some friends squirted the hand held fire extinguisher in the dorm hallway. UH dorms tried to charge him over $1500 saying it could possible damage the electronics and air conditioning. Seriously?! Thank god I had a reasonable DA who allowed justice to prevail and this bright and talented young man to continue on his path to a great life. Kudos to the DA.
0.15 BLOOD TEST. It was her second DWI and she was pulled over on a rural road. The scene video showed absolutely nothing, thanks to the officers lack of consciousness of the video camera. The blood draw had it''s problems, but the bumbling officers forgot to write down or even remember who the nurse was. So no nurse, big problem. The DA did the right thing and hopefully let the agency know about these wonderful officers. Actually, I hope they don''t get fired and I get plenty more cases with them. They are great for the client!
Client is a pharmacist trying to run a legit business. Some lady comes in with a bogus prescription and client has to call the doctor to check it. The lady goes and makes up lies to the police that he won't give her the prescription back. The police try and beat down the pharmacy door, which they are not allowed in the restricted area of a pharmacy. When my client finally locks up the medications and opens the door, the overzealous police throw him down and beat him up. Thank God it was all caught on tape and the case was quickly dismissed. Now we are working on a formal complaint against these renegade officers.
After almost two years and countless hearing, the DA finally came to their senses and realized this case could not be proven beyond a reasonable doubt. Client rolled her car coming home late from Jack in the Box one night. Her car rolled into another parked vehicle. Even though insurance paid for the damages, the complaining witness wouldn't let this case die. It is truly insane how an unruly and vicious complaining witness can uphold justice. Finally the DA did the right thing and realized that this wasn't a good case.
Client was still in love and probably still is in love with his ex-fiance. He went over to move back in to their house and she had him arrested. However, we caught her in a corner. You see for three years they had been holding themselves out as married on tax forms and memberships, making them common law married So, on the one hand he was a trespasser if they weren't married and she commits insurance and tax fraud. On the other, they are married and he's allowed at their shared residence. Classic double edge.
Client had never been arrested before so was eligible for DIVERT. And it was a 0.13 breath test, so DIVERT was a very safe option to resolve this case. We completed the SALCE and he scored the lowest risk. We were all set to take DIVERT until I had the ALR hearing. At the ALR hearing the honest officer admitted to coercing Defendant's breath test, thereby making it inadmissible. Now, we had a completely different case!!! With no breath test, the case was easily winnable. We got the transcript, showed the DA and the DA did the right thing. I sincerely appreciate that cop's honesty, but doubt he will ever be honest like that again. It's a shame.
Client was in Sam's Club and head-butted another customer. Video revealed the other customer was the aggressor and my client was simply defending himself.
Dismissed in middle of TRIAL. 0.08 BLOOD TEST, 3 hours after the stop. The DA dismissed the case during my cross examination of the first officer. Client was pulled over for speeding on 290 coming home from a charity event at the Galleria. The forcibly took his blood 3 hours after the stop which revealed a 0.08 blood alcohol concentration. He was not eligible for the DIVERT program since he was not a citizen due to his father's sudden death. Only one choice: win it and let him obtain citizenship. We had all kind of evidence against Dallas SWIFS blood laboratory of manual manipulation and contamination in the GC. I didn't even get to use it. The first officer wanted to play games about whether my client was under arrest or just detained after his poorly administered HGN. Judge Fields recognized the officer's prolonged detention and the DAs then did the right thing by dismissing this case. This case should've never even gotten to trial, but HCDAO policy made it. Kudos the Judge Fields and the DAs for their roles in the just outcome.
Client was charged with stealing over $300K worth of computer equipment from a liquidator. He was himself a liquidator and paid to clear out a computer center. The owner of the computer center was a crook and a scam artist and claimed my client stole a bunch of stuff. Deep investigation revealed that this crook took the stuff himself and moved it to his new facility. It was intensive research and numbers crunching to show the DA where all the supplies and allegedly stolen things were. The DA did the right thing and dismissed the case on the eve of trial. The only criminal was the complaining witness.
Client broke the TV by throwing a remote through it during a heated argument. Proof of amount of TV did not add up to felony level. And it was his own TV, not hers.
Client had a heated argument with his girlfriend. Allegedly struck her and she called the police. Even though she was recanting, the DA kept pushing forward. Finally the DA realized the true character of both parties and did the right thing.
Possession of Marijuana. Illegal stop on the car. Had 2 of the 3 required tail lights. I knew the law better than the officer. There are a thousand ways to skin a cat.
Felony Possession of Marijuana w/ Intent to Distribute
State of Texas v. M.H.
Harris County
12/12/2011
367 LBS OF MARIJUANA. Narc officers raided a compound and 12 illegals ran when the door busted open. My guy was not very fast or young and was caught in the back woods. The police recovered 367 lbs of marijuana. However, my guy had no care, custody, or control of the weed. He even had a negative drug test to prove he didn't use marijuana. He was there with his son (19 yrs old) who let us know the cops just busted down the gate, gate was closed, and there was no warrant. Big problems. Other defendants that had care, custody and control went down. However, through good legal research and scene research we were able to show how our guy was just at the wrong place, at the wrong time. Kudos to the DA for doing the just thing.
Client was found passed out in his car behind a body shop. Blood test revealed he was a 0.28 blood alcohol concentration. Keys in the ignition, car running, car in park. The DA thought he drove there drunk until I let him speak to client's friend who saw him leave with a 'blonde girl.' Client was in the complete opposite direction of his house, backed into a parking space perfectly, with a clear view of a major intersection to be picked up at. Doesn't sound like he drove there to me either. Sounds just like it happened: passed out while she was driving, and she called a friend to pick her up. The DA did the right thing and dismissed this case. But it took a lot of investigation to track down the 'blonde girl.' There are a thousand ways to skin a cat, you just have to never stop trying.
Client came out of Roeder's Pub and backed into a vehicle in the parking lot. An off duty UH dispatcher phoned it in and started the snowball. I was able to pull the call and call slips to show the dispatcher requested his favorite officer, who WAS NOT EVEN CERTIFIED to administer the standard field sobriety tests. Client was very argumentative and cursing on the station video. However, the DA dismissed the case on the day of trial after learning of my discovery.
Client is a professional MMA fighter and was arrested for beating up his boss at his extra job at the Shoe Carnival. However, the tapes showed that my client gave the manager a chance. The manager was an old college football player who thought he could fight. My client was 5' 7" 155 lbs beat the heck out of his 6'3" 230lb manager in mutual combat. Winner, by unanimous decision. A.B.!!!!
Client was caught stealing from Kohl's department store. She was a minor and trying to apply for college. We put together a beautiful mitigation packet and client did some community service. Thank you to the sympathetic District Attorney.
Unlawful Carrying of a Weapon. Client was stopped walking through a park late at night. Bad pat down by the officer. Yes, officers have to follow the law too. I make sure of that.
FELONY EVADING ARREST. Client was arrested and charged for leading Troopers on a high speed chase. Problem is, it never happened. Crooked cop. I pulled his camera records: none. I pulled his mobile data terminal log: no evidence of hot pursuit. And we had recorded messages of Trooper harassing my client. Needless to say we have filed an Internal Affairs investigation against this Trooper.
Possession of a Controlled Substance. Client was found with xanex pills in his pocket after cops stopped the vehicle for traffic violations. Other passenger was caught eating a bag of weed and my client had pills in his pocket. Due to the circumstances of the stop, violation of search and seizure law.
0.14 BREATH TEST! two and a half hours after someone ran into the back of him at a stop light. He looked spectacular on video and science would say he was a 0.18 at the time of driving. Just didn't add up. But the fact the technical supervisor couldn't extrapolate the number back to the time of driving and the Intoxilyzer operator never checked the temperature of the machine....whoops, there goes the breath test. Thousand ways to skin a cat.
2 DWIs for this clients dismissed within 6 weeks. The first was marginal and he was ecstatic to get it dismissed. The second one, just 2 weeks after his 1st dismissal, he crashed his Expedition into the front lawn of a HCSO yard. No scene video though. Also, HCSO are known not to appear at ALR and are consequently 'inexperienced' on the witness stand. Client was very quiet and polite on the station video. Can't make a case with a missing scene video, a good station video, and an inexperienced officer testifying against a skilled DWI attorney. PS, this was an old high school friend of mine. Talk about PRESSURE!
Client left the Corrillion center and was pulled over swerving on Westheimer due to the construction. Client urinated himself in the back of the police car and then got out and performed poorly on the Standard Field Sobriety Tests. Medical records of plantars warts and prostate issues put this case up on the wall. The fact that the Officer was fired from the DWI Task Force pushed this case over. The Officer was fired because of his terrible testimony during my cross-examination in a trial I won (State of Texas v. Robledo), just three weeks prior.
Failure to Stop and Give Information. Client hit a vehicle on the highway and exited the first exit. Then parked his car on the side of the road and went to get some beer. The other vehicle passed the first exit and circled back around. However, client wasn't there at that time. Client wasn't FSGI, he was just stressed and needed a beer.
0.13 BREATH TEST! Client was pulled over at 3am on West Dallas by DWI Task Force. Full scene videos of client 'failing' field tests. Had medical records for ankle and GERD. 1st DWI, nothing to lose. Machine was removed from service 3 times in 3 months.
Again, 2 DWIs dismissed for the same client 1 week. He is a family friend and got a DWI. I got the first DWI dismissed and he went out and celebrated and got another the same night of the dismissal. The second DWI was he was pulled over by Rice University PD who had no jurisdiction and his second DWI was dismissed the first day of court.
Also DISMISSED Driving While License Suspended, Driving While License Invalid, Failure to Provide Identification, Public Intoxication, Driving Under the Influence (DUI), Arson, Theft By Check, Criminal Mischief, Prostitution, Possession of a Dangerous Drug, Terroristic Threat, Paraphernalia, Curfew, Minor in Consumption, Possession of Cocaine (PCS).
