Notable Victories

Client was a US Marshall and went to meet some of his buddies after training off of 1604. As he was driving home, he followed his GPS. When he got to 1604 by UTSA, the GPS told him to take a left. There was no left turn sign or direction of travel market at the T in the road. He mistakenly turned the wrong way up the freeway. By the time he realized he was going the wrong way and tried to turn his truck around, a young lady wasn’t paying attention and tried to take the exit. In the blink of an eye, they had a head on collision and she was gone. Client performed SFSTs fine and they took his blood. We actually had 2 experts in this case. One expert said this was the worst lab she had ever seen, between switching samples, improper treatment of the standard, high turnover, and the lab analyst being married to a man who spent 18 years in prison for intoxicated manslaughter. The other expert said in his 40+ years of looking at labs, it was the second worst lab he has seen and reviewed. The jury realized that our client was not intoxicated and returned a verdict of Not Guilty. They sent a big message to not use that lab in Bexar county for anymore blood testing. However, our client did not go home. The DAs decided to charge him with Reckless Manslaughter for going the wrong way on the freeway and that was reckless. Our client had never been arrested, was a government agent, with 2 kids and a family. It was just too emotional and the jury had to get him for something. It was one of the only cases I truly feel like I won and lost at the same time. I am still heartbroken over this verdict. While I have to trust the jury’s analysis, they chose to give this man prison instead of probation. I don’t know how they got to that decision. I truly believe in my heart that this man made a simple mistake and I get he was convicted, but he was not an animal. The prison system is hopelessly broken and should be reserved for extreme cases, one of which our client is not.

Client was found asleep in his vehicle at the McDonalds on Studewood and I-10 after a concerned citizen saw him walking around his truck with two flat tires. When the cops arrived, our client was very obviously not alright. He was spaced out, hallucinating, and making no sense. It was clearly drugs (my best guess was MDMA) and the cops obviously arrested him, as they should’ve. He was, however, finally able to tell his side to the jury: he was out with some friends on Washington, had two drinks and then started sweating and getting anxious and not feeling well. He left immediately, before midnight, and tried to drive home. While driving home, he all of a sudden desperately had to use the bathroom, tried to pull into the 24 hour McDonald’s, but it was closed. Two of his tires popped as he pulled in, and, because he didn’t have two spares, he had to wait for his wife to come pick him up. While she was on her way, whatever it was that his drink had been spiked with kicked in, and it kicked in hard. He has no recollection whatsoever of interacting with the police. The only issue that we had with the police is that they should have called EMS and not just arrested him; he was obviously so messed up that he needed medical help. But there was really no evidence of any traffic violations or any intoxicated driving before he got to the McDonalds. The jury understood the law and realized that the State could absolutely not prove he was intoxicated at the time of driving. The State tried this because it was a second. Luckily, the jury didn’t convict him of the sins of his past life, but followed their oath and decided the case based on the facts at hand. Thank you to that jury for following the law and delivering justice.

Client was going through a nasty divorce. His ex-wife was already dating a police officer who was helping my client get harassed and her stay peachy clean. She was adamant to go to trial and wanted to use this case against him in family law proceedings. She was supposed to move out of the house on a certain day by noon. He went to the house to make sure she was gone since she texted him that he left the dog, but when he showed up they were there filming him saying that he was violating the protective order. We were able to show how she took everything from the house, not just the toilet paper roll holder, but even the fans, lights and smoke detectors. Jury really didn’t like her and her character really shined through. This was a great example of a judge stepping in and directing the jury to find him Not Guilty. The DAs hands were tied because this new administration won’t dismiss anything with any alleged domestic violence associated with it. Thankfully I was able to restore this father back in his children’s lives and not let his ex-wife manipulate the criminal justice system.

It was the night before Thanksgiving and our client was driving home just before midnight from a “Friendsgiving.”  Little did he know that he would meet R.S. who was also celebrating that night.  She was in the Waffle House intoxicated with her husband.  She was so intoxicated that she dropped their baby on the table while her husband was in the bathroom.  The cause the waitress to grab and protect the now screaming baby.  The husband came out and the couple got in a fight.  R.S. stumbled out of the Waffle House, alone, and began walking along the side of a highway.  Her husband thought she was just going to the car.  When she wasn’t there he went to look for her.  At the bridge, there was no sidewalk, but there was a shoulder just as wide as a sidewalk.  R.S. was 4x the legal limit and walking with her back to traffic in the middle of the lane of traffic on a dark unlit bridge.  RS was wearing all black.  Our client never even saw her.  The accident reconstructionist educated the jury on reaction times are delayed at night and also when you are not expecting to see that in the road.  The League City police department tried to make their own recreation by 2 officers driving in the same make of car and one yelling when he could see the person and the other would see where they were compared to buildings on the side of the street.  And then measure the distance.  This was a highly flawed test not just because of the errors in transmitting voice to ear to sight for distance measurement, but also because they knew and were expecting to see someone in the middle of the road.  Out clients front wind shield was shattered but there was no blood, or anything that looked like he hit a person.  There was a yellow deer crossing sign right at the bridge too.  Our client panicked a bit and called his fiancé.  It took him 4 minutes but he stopped on his own.  However, he did not realize an off duty officer was close by and saw the hit and followed and blocked him in.  The client testified he was scared and pulled over and was going back.  The jury took a long time in deliberations and rightfully found our client Not Guilty of Intoxicated Manslaughter.  They said any alleged intoxication on his part was not the cause of this poor girls death.  Unfortunately, she was 4x the legal limit and walking in the middle of a highway.  This accident was unavoidable and she put herself in that deadly position.  The Jury then convicted our client of failing to return to the scene where he should have known that a death may have occurred.  He was convicted of Failing to Stop and Render Aid.  While I trust my client was going back, and there is no definition on how far you are allowed to go before you stop and return, I understand and respect that juries verdict.  They can all sleep well knowing they followed the law on a very tough and tragic case.  It was a very emotional case on both sides.  Thank you to that jury for standing true to your doubts and following the law in this case.

1,219 days ago, our client’s 3 year old son was supposed to be asleep, but somehow got up and found his father’s gun in a place that should’ve been impossible to reach. That sweet baby boy accidentally shot himself through the eye and died. Today, a powerful and beautiful Ft Bend jury found our client Not Guilty of Making a Firearm Accessible to a Minor. They all agreed it was a horrible, tragic accident, but not a crime. The jury came out and hugged our client and their family, giving them the closure they needed to heal.

It all started when our client, the loving father of 3 boys under 3, came home after work and put his revolver on top of a very high dresser. He tucked away under the TV. His wife left for church that Friday evening and he cooked pancakes and eggs for his boys for dinner. (The middle boy was out of town with the grandparents.) He made a bottle for the baby and put him in the bassinet. He tucked in his 3 year old. He went down and did some laundry and was fixing the baby gate at the bottom of the steps. Then he heard the BANG. The rest of the story brought me to tears giving the opening and often times in the cross and direct.

This is a good, young family who was not drinking on a Friday or anything. They were taking care of their kids and going to church. He had no criminal history and had a valid LTC. No one ever asked to press charges in this case. The math showed it was impossible for the boy to ever reach the gun standing or how he used to lean on a bench. No one will ever know how he got it, but in examining the evidence, I showed them the missing knob on the dresser. Client and his wife said it was never like that before. And, they had never seen him Spider-Man climb the dresser. (I think that may be how he got it.) But, leaving a gun somewhere impossible to get and the child doing something you’ve never seen before is not Criminal Negligence.

The FBCSO lead detective was a complete moron. He was in the theft and burglary division and still is. He performed no measurements or calculations. He simply opined where the gun was alleged to be was impossible to reach so, the client must be lying. Even though the client is heard on the body cams very early on crying to his sister in law that “he was supposed to be asleep, he got my gun from back under the TV.” The Detective was argumentative and self righteous on the stand in the face of me doing simple geometry (Pythagorean’s Theorum) that proved the gun was out of reach from a leaning child. He also had never seen the 1 missing knob on the dresser that was directly under where the gun was. He had tunnel vision from the start. Luckily, he was so difficult on the stand that I think the jury realized he was worthless.

This case was originally indicted as Reckless Injury to a Child (a felony). And, thanks to some higher ups at the DAs office they realized it was really a Making a Firearm Accessible to a Child (misd). What really chaps my hide is how the Child Abuse division handled this case. People can go out and intentionally drink and drive and still get PTI. However, our guy with no criminal history, who lost his son, with 93 letters of recommendation doesn’t get PTI? Whelp… guess they can take nothing then. The DAs were very overzealous and aggressive in trying this case. They tried to fight all kinds of evidence coming in too. I reminded the jury that the DAs work for the people of Ft Bend and the victims… who packed the entire Defense side. What kind of punishment did they think this father needed to do? They also did absolutely zero calculations and basically one DA argued our client was a liar and the other said it was avoidable and preventable. Shameful.

For 1,219 days we have been waiting for this jury. The jury said where the client put his gun did not make him criminally responsible for the death of his son. He is already punishing himself enough for this nightmare. I honestly don’t know what the DA needed to do more to him. This God loving family needed this closure. God put all the right people in the right seats and justice was finally achieved. Lots of tears and hugs. I will never forget this case. It has literally changed my life in how I store guns and talk to the kids about never ever touching or being around a gun at the house, at a friend’s house, or anywhere. Unless properly supervised.

Thank you to my co-counsel, Elan, for keeping me sane and being the Good Cop to my Bad Cop. I’m not gonna lie, my heart and soul were in this trial. I was leaving my blood on the field and was not going to be stopped. Thank you to John Ramsey for giving me some powerful voir dire examples. Thank you to this family for trusting us. Thank you to the Judge for a fair trial. Thanks to my office and wife for helping me be super ready and holding down the fort while I’ve been out this week. Thank you to that wonderful jury for remaining true to your doubts and giving this heartfelt justice. And thanks to God for putting it all together. 6/21/19-10/21/22… that’s exactly 3 years and 4 months later, on a Friday 21st. Closure. Justice.

.105 Blood test. Client was on the lake jet skiing with the neighbor kid, who is like a son to him.  While loading up their jet skis at the end of the day, they are cut off by a very abrasive family on a boat.  During cross examination the man had to be repeatedly told to calm down and answer the questions.  The man’s mother testified that her son had a hot temper just like she did.  The cell phone videos showed this boat being very belligerent and threatening to kick my client’s rear end.  Bystanders called the police.  When Sheriff’s arrived, the 15 year old boy was backing up the truck and trailer and having troubles.  You can hear the Lt Sheriff tell his deputies to check the driver for DWI and probably the guy on the jet ski for BWI.  He hadn’t even talked to them or realized the boy was just 15.  But this started the rush to judgement.  My client suffered from a speech impediment and admitted to drinking.  Cop after cop refused to acknowledge they rushed to judgement or could have been wrong.  One officer didn’t even know the definition of intoxication and told the jury that even if the client blew 0.000 he would still have taken him to jail.  It became very obvious that my client didn’t stand a chance.  He refused all tests and said: I’ll take my chances in a court of law.  They obtained a blood warrant and the results came back at a .105.  We knew the blood was wrong when we saw the upward trend of internal standard.  Then we saw the blood in court and it was clotted; which always results in falsely elevated ethanol results.

It took 720 days to get to trial and get this verdict.  During that time, he lost his oil and gas job and his wife left him because he could no longer provide for the family.  He lost 30 pounds waiting for this trial over almost 2 years.  The jury heard all the evidence.  The jury remained true to their doubts and followed the law and returned a swift Not Guilty verdict.  I hope they all remember this verdict proudly for the rest of their lives.  The family cried when the verdict was read out.  And the family all thanked us for giving their father, brother, and friend back.  This simple arrest took years off his life.  The DA and Judge ran a nice fair trial in the quaint Texas town of Fairfield, Texas.  In the end, justice was served and he got his life and freedom back.  Thank you to that Jury.  And thanks for God for aligning all the stars in this case.

.194 Breath DUI Per Se, DUI, DWAI, Weaving NOT GUILTY on all counts. My first trial in CO and boy was it interesting. Local counsel came down with Covid on Monday and the next trial date wasn’t until November. Nothing to it, but to do it!  Flew into Hayden and made it to Craig, CO (pop 13k) to try this case with 4 charges at 10pm Tuesday night. Amanda Culbertson flew with me and was a real trooper and brought science that this county had never seen.

Client was pulled over for weaving on a two lane mountain road while pulling a full loaded trailer. Yet video only showed him barely touching the lines. He admitted to having 2 beers at lunch 3 hours ago and looked great on video. Then blows a ridiculous .194. The lab gave us very little discovery so, we couldn’t really audit the machine. We caught a 20 min observation violation but, CO doesn’t have a similar TX 38.23 exclusionary rule so the result still comes in. Whatever the issue was, the result did not add up to what we saw on video.

Voir dire was done with no juror forms, rather the first 12 just answered the questions on the board one by one as the mic was passed around. They allow the breath test in to evidence with the Trooper just swearing he did everything correct.  He was a highly decorated SFST instructor, DRE and 9000 operator.  He even got the MADD award in 2021. But man was he upset after cross exam. He sat through the whole trial and waited for the verdict. I thought he was going to follow us out of town, but he stormed off in the other direction.

Amanda was instrumental in catching the Trooper lying on his 20 minute deprivation period and broke down the video minute by minute and was able to explain all the sounds on video and how it correlated to what the operator was doing on the 9000. I wove a disconnect defense from the beginning and closed it out with a lot of emotion.

The jurors were all very attentive and happy to be there. Many love crime novels and watched all the crime shows. They laughed, learned and gave their hearts and time to this case. Thank you to that jury for remaining true to their doubts and not blindly believing some ridiculous number. I know they will remember this verdict for the rest of their lives and be proud of the day they gave our client his freedom and good name back.

Just as I was telling the Judge I had to leave and local counsel would zoom in for the verdict. They dinged that they had a verdict. Received the verdict and my client was shaking and crying. Culbertson and I took a few photos and made it to the last flight with 14 minutes to spare.

Judge Schneider ran a very fair and efficient trial and was very patient with me figuring out the minute differences between CO and TX law and trial issues. DA was pleasant to deal with. And the Trooper…. Same thing, different state.

Thanks to my wife and associates for holding down the Houston office and letting me spread my wings. Thanks to my office for always having the file well prepared and making my life easier.

When we drove up Wednesday morning and I saw a totem pole out front of the court, I knew it was a good omen. Thanks to God for lining it all up.

The is a case about a Dad just wanting to see his kids and the ex-wife trying to use our criminal courts to further her family law case. Client and his ex-wife got divorced in 2018 and they had 2 small girls. They got divorced without attorneys. After they were divorced she file a Restraining Order against him. Client didn’t show up and she was granted a Protective Order based only on her story and no investigation by a family court judge. Client got notice of the Protective Order and ex-wife’s protected home address and place of work. Never had any violations. She had never even called the police on him ever. She took advantage of the fact that he didn’t have a lawyer. Well time passes and she moves herself and the girls in with a boyfriend and his son. While mom is stuck at work, she allows the boy friend to pick up the girls from day care and spend time with them. Dad asks if he can just be the one to spend time with them since he is free from work. Ex hangs up on him. So he drives to the boyfriends house to talk to the boyfriend and plead with him to let him be a father and just spend as much time as he can with the kids. Mom comes home while the guys are talking and yells and client and calls the police. Client had been there before and it was not a protected address. However, about a month before this the Ex changed her protected address to the boyfriends address. She never told my client either in text, email or person. And the State has zero evidence that the District Clerk followed the law and mailed him notice of the change of address. If fact the police couldn’t find it in their computer system either. The police only saw the actual piece of paper that she filed when she handed it to him. The Ex admitted on the stand she never told Client that the address had been changed and that it was the first time the day he came over that she told him. In fact, multiple times she is on video saying that the client doesn’t know she changed the address. Judge did the right thing and granted a Motion for Directed verdict when the State rested their case. Why was this case even tried? This was nothing but overzealous prosecution by the DAs office. Client had no criminal history and there was no violence involved. The DAs refused to grant him PTI (a type of probation he could expunged once completed) and only offered deferred adjudication (which affects parental rights). The jurors were all very strongly for Not Guilty anyways, but Judge instructed them to find the client Not Guilty since there was zero proof the client had any knowledge of the newly changed address. The DAs said the chief wanted to dismiss it the Friday before trial but they thought they could make it. That is a pure violation of their oath as a DA and the Rules of Professional Conduct. For the first time in my entire career I had to make an official complaint after this verdict because of the way the DAs handled this case. It’s either an unwritten blanket policy or vindictive prosecution; both of which should never be allowed. Thanks to God for bringing it all together and the Judge and the Jury for doing the right thing.

.146 BREATH TEST NOT GUILTY!!! Client was leaving his girlfriends house and on his way home when he was pulled over for no head lights. They had been using his truck to listen to music in the driveway and forgot he turned off the automatic lights. Client was 6’2” 300 pounds. The Trooper tried to get client to do these tests and client performed as best as he could. The Trooper told the jury that he gave him credit for being a big guy, but in the end they saw that the client never stood a chance. This was a very arrogant Trooper that told mutual friends he could beat Mark on the Jiu jitsu mat and in the court house. However, probably not the best thing to leak back to Mark. The Trooper and his tests were slowly explained to show how unfair they were graded and in the end the Trooper admitted he couldn’t rule out Client’s size as the cause of any mistakes. The Trooper swore that he watched client for the required 15 minute observation period before the test, but when the timing was all lined up with the cameras, it became very clear that the Trooper cut corners and didn’t think defense would line it up. The breath test was properly suppressed by the Judge. With the DA refusing to dismiss it, the jury was given the case to decide and returned a quick Not Guilty verdict. Thank you to that Judge for following the law and the evidence. And thank you to that jury for remaining true to your doubts and not jumping to conclusions the way the Trooper did. And thanks to the Trooper for talking trash and letting it back to me, it made me be my best.

.176 BREATH!!! Client was a 14 year veteran pulled over by a very confident officer while doing 92/65 on the Hardy Tollway. Client’s family was also members of Pct 1 and client showed his buddy badge to the officer. The officer didn’t take kindly to that and started the DWI investigation thinking my client was trying to “get out of something.” Not to self: the officer said he gives people no slack for 100 club stickers or other police agencies. Saturday night, just before midnight and the client admitted to drinking a beer for his migraine. He suffers migraines from being blow up in Iraq and sustaining a TBI. The office gave the client no credit for any of his injuries and arrested the client. The officer said that the client smelled like he had more than one beer. That worried the client and you could see him put a piece of gum in his mouth while waiting for the breath test. More than that the client wore a bite guard for his TBI and migraines and the officer never saw it or even asked him to take it out. Instead, the client tried to prove his innocence and take the breath test bit didn’t know how mouth alcohol would affect the machine. The first test was invalid and a .21. Their own expert said it was probably mouth alcohol. The second test came back .176/.174 and the officer was happy. The client told me about his retainer since day 1. I tried to get him into Veteran’s court to get a dismissal, but the DAs refused. On the eve of trial they said they would give him a program that would result in dismissal. But it had been over 18 months at that point and we weren’t cutting deals. The DAs office tried a nice case, but honestly, had no idea about the retainer and didn’t watch the video close enough to catch the gum. I told the jury in closing that when we saw that on video, or after the client testified, he pulled out his retainer… the State should’ve dismissed the case. However, I think they were using it as a training exercise for their young DAs. My client’s wife was in court every day standing behind her husband, he works in the plants, and they have a 14 year old daughter. His life and future is not a training exercise. Thank the good Lord that the jury held true to their doubts and returned a quick 6 minute Not Guilty verdict. Thank you to those jurors for standing strong and give this man, soldier, and family their future back.

Aggravated Assault with a Deadly Weapon Client is a local criminal and civil trial lawyer. Three years ago, on 5.5.2018 he was taking his wife to get waxed before her 4D Ultrasound. Yes, they were expecting their first child. While he is waiting in the car, another lady gets into her car and bumps his door and breaks his mirror. He gets out and lets her know she hit his car. She denies it ever happens. Rather than be confrontational he takes a picture of her and her license plate and goes into the waxing salon. The lady then gets on the cell phone and calls her husband to come down there and handle it. The guy “victim” double parks his jag in the fire lane and walks right into the salon at 11:50am and calls our client out.  Mind you our client is an African American male, 5’11” 240lbs with full sleeve tats, a beard, played full back for Texas A&M and has been a concealed hand gun owner for the past 10 years. The “victim” is also an African American male about 6’3” 215 with bulges in his pockets. (I even asked the jury in opening and closing: who walks in and calls our client outside when he is a big dude, unless you have the ultimate equalizer…).  Our client has no idea who this guy is but politely declines. The man tells our client that he threatened his wife and child and to get outside. Our client starts putting 2 and 2 together (even though he never saw a child) and says it’s a civil matter.  Guy that gets shot says then why didn’t you call the police and our client says again, cause it’s a civil matter. The guy then says: it’s no longer civil, it’s physical now. The owner of the shop asks them to leave because of this commotion. Client knows that he can’t stay and be a trespasser, so as they are walking towards the door, he sees a huge gun printing through the t-shirt in the small of the man’s back.  Our client draws his Glock .40 to defend himself if necessary. As the other guy opens the door, he spins back to face my client in the doorway. As he spins, he reaches for the small of his back.  Our client has no choice but to fire his weapon. He hits the man square in the chest and once under the right arm pit as the man spins instinctively after being shot. Our client get out of the doorway and gives the gun to his wife to put in her purse and surrenders peacefully to police. During the trial and investigation we were able to show the jury what appeared to be a big gun in the small of his back. Additionally, yes the man that was shot was an engineer, but he was also a convicted felon at the State and Federal level. He and his wife knew that he would go back to prison if he really had a gun, so conveniently the gun disappeared. We were able to show how his wife was a trauma nurse but did nothing to help her shot husband, instead ran back to her car (maybe to put something in it?) and then get her purse out and never let the police near her purse. Trial was a week long and one of the most contentious trials I’ve ever experienced. I tried it with Steve Gonzalez out of Brazoria who was simply masterful. He was amazing to watch in trial. We fought the DAs, Judge, and witnesses every day. The DAs only called witnesses that they liked their version. They constantly left out the truth and would only allow evidence in that helped them. Although we stipulated to all of the evidence, the State would object to evidence they didn’t like to be sustained by the Judge. In the end, the jurors got it right and gave our client his life back. Almost 3 years to the date, he was given a second lease on life.  Thank you so much to the ladies and gentlemen of that jury for seeing the truth and realizing that he acted in self-defense for his life. It was a very difficult case since no weapon was found on the man that got shot, but the jury understood that you can use deadly force against deadly force whether it’s a real gun or not, and it’s all in the mind of the person protecting themselves. Thank you to God and that jury for getting it right. I see our client around the courthouse. They are expecting their second child and he thanks God and them too. The man that was shot survived thanks to 4 heroic nurses that were close by and able to save his life. This case goes to show the real harsh reality when a licensed gun owner is in real fear for their life and what happens when they have to act to save your own life.

NOT GUILTY on .113 BLOOD!! This was the first criminal trial completed after the courts closed in March 2020 due to COVID. For 22 months, the client was adamant he was innocent, and we fought side by side with him to make the State prove their charge. The client was pulled over for speeding. The second question out of the officer’s mouth was “How much have you had to drink tonight?” The Client never stood a chance. He was going to jail. It was 12:10 a.m. Monday morning on the Gulf Freeway when the client was stopped by a veteran, seasoned HPD DWI officer for the single offense of speeding, 92 in a 60-mph zone. The client had his identification and insurance ready for the officer and provided it to him upon request with no problem. The officer said the client had red, glossy eyes, needed support while standing, staggered while walking, and had a strong odor of alcohol coming from his breath. The officer testified he had the client perform one of the Standardized Field Sobriety Tests. However, through cross-examination, the officer eventually testified the test he had the client perform was not done correctly and its validity was affected. The officer also testified, under cross-examination, he did not think the client had lost his normal mental faculties or lost his normal physical faculties; which is the definition of intoxicated. Having elicited honest testimony from the officer, the defense moved for an instructed verdict, and we are thankful for the Judge for following the law and ordering the Jury to find the client Not Guilty. We were happy to give the client the result he deserved and his life back after almost two years of fighting.

.215 BREATH TEST!! For 19 months and 13 days we fought for this client’s freedom. And I have known this client for 20 years so it was a very emotional trial. While I don’t want a friend to go anywhere else because I know no one will care for them better, it’s hard having their freedom and future in your hands. Client is a local restaurant and bar owner. One morning at 3am after closing one of his bars he was pulled over doing 85mph on I10. He pulled over safely and timely. The officer stated that he smelled alcohol, because client admitted to consuming 5 drinks over his 15 hour shift, with the last drink being with his team as they closed up for the night. The client was cooperative, polite and coherent the entire time. He looked normal on his field sobriety tests. We knew the number was off due to calibration records and an expert was ready to testify as such. However, she did not have to because the officer violated the 15 minute observation period prior to administering the breath test. The technical supervisor admitted this was a violation of the Texas Administrative code that requires strict compliance. As such, the result and slip were properly suppressed by Judge Rodriguez according to TCCP 38.23: Texas’ Exclusionary Rule. At this point we thought he ADA would honor his gentleman’s agreement that he made prior to trial to dismiss the case if the breath test was suppressed. Prior to trial he admitted that he did not have much of a case without the breath test. Keep in mind for weeks I had heard this ADA was excited about our trial and an opportunity to try a case against me. I even told him I heard that prior to our agreement. He promised he was only out for justice and not trial experience and would do the right thing. Well when push came to shove, he reneged on our deal and refused to dismiss. My intern even heard the Pre-Trial discussion. The Judge and entire court heard my tirade against the ADA for his lack of character. After an hour lunch he said I could complain to his boss. I told him, I didn’t need his boss doing the right thing, it was his character that I will never trust again and told him to get back in the court and finish closing this case. Thankfully the jury held the State to their burden and returned a swift two word verdict. They agreed the State failed to exclude any and all reasonable doubt, as outlined in their jury charge, and they had tons of doubt. They also agreed the client appeared normal on the standard field sobriety tests after hearing how meticulous the tests were. It was a sigh of relief to return the client to his daughter without being labeled a criminal. Thank you to the Jury for remaining true to your doubts and holding the State to their burden. Thank you to the Judge for running a fair and just trial. And thanks to God for bringing all these pieces together at the right times. Justice is never served by risking a person’s freedom and good name by trying a weak case just so a DA can get trial experience. His name and reputation is forever tarnished in my book.

.116 BREATH TEST! Thank you to the jury for standing up for this man, because he never stood a chance with the Officers. Client was called in by a concerned citizen. A police officer happened to pull up next to the caller and the caller said “this guys drunk!” Not knowing that my client was a 63 year old Spanish speaker who had problems with his night vision. Client was pulled over by a vehicular assault task force member on Cinco De Mayo and was Hispanic. Client told the officer he couldn’t speak English. Upon interview of the caller, he said he almost hit 4 vehicles and was driving slow around the corner from 610 north to 45. The caller then told another officer he almost his 6 people. On the stand the caller said he honestly almost hit a couple. But this started the snowball. The first officer immediately handcuffed client and called the DWI Task Force. The DWI Officer who showed up won the award for the most DWI arrests by MADD in 2018. The first officer told the DWI Officer this guy is drunk, he’s good to go and that client could speak enough English. They then laughed and joked about how many arrests they were going to get on Cinco De Mayo and how the night was young and this would be their first one. The DWI Officer uncuffed the client and proceeded to give him all of the tests in English and interview him in English. She literally testified that if she spoke slower then he could understand. That’s not how languages work. She was very confident on the stand and even laughed a couple times. I had to remind her that a man’s freedom was not a laughing matter. The jury realized the client never stood a chance. He did the best he could with the charades they performed for the standard field sobriety tests. An expert was able to come in and discuss the problems in the breath test and the inherent problems in the Intoxilyzer 9000. The machine was removed from service 10 days after his test. It was removed in such a bad condition they couldn’t even run a diagnostic test. But within the month before his test the machine was running test on individuals that showed them losing .036 alcohol within 10 minutes: that’s like metabolizing 2 beers within 10 minutes. That defies the laws of science. The Breath test technical supervisor refused to admit anything was wrong (they never do) and even said the poor soul who blew right before removal was still a valid test. The machine was literally defying the laws of science and she would not admit the test was compromised. This is why we need independent labs with independent analysts. The jury returned a swift verdict of Not Guilty and gave this hard working man his freedom and life back. Thank you to Judge Fleischer for running a fair and just trial. Thank you to that jury for remaining true to your doubts and demanding better our of our law enforcement and police labs. And thank you to God for bringing it all together.

DWI 2nd. .342 BLOOD TEST NOT GUILTY!!! This was an interesting one. Car was pulled over doing 95 in a 60. In the almost 3 minutes that it took the officer to approach the driver’s window, my client and the driver switched seats. So my client was sitting in the driver’s seat drunk as a skunk when the officer came to the window. Client couldn’t even figure out how to open the door to get out for the officer. Client told them the entire time that he switched seats and wasn’t the driver but he wasn’t believed because his prior 2004 DWI. The police just thought they had a slam dunk DWI fall in their lap. Thank God for dash and body cams! While the officer was writing a ticket and not looking, the jury was able to see the brake lights and car movement on the video. The jury got all the evidence and got to hear how the real driver had warrants and a suspended license. Basically, my client thought he was doing his friend a favor and switched seats so his friend wouldn’t get busted with the warrants. My client thought he was just get a speeding ticket. Common sense prevailed the day and the jury followed the law that the State did not prove client was driving beyond a reasonable doubt. I stipulated to every element but driving. Stipulated to all the evidence: videos, blood test, pictures, etc. I was honest with the jury from voir dire and told them this was a case based solely on driving. The client was in the driver’s seat but not the driver. He made a stupid mistake trying to help a buddy. Thank you to the jury for following the law and holding the State to their burden. Thanks to my second chair, Lantz Clinton, for working the case up and his invaluable insight. Client learned his lesson to never get behind the wheel and “take a speeding ticket” when you are 4.5x the legal limit. No good deed goes unpunished, but being wasted behind the wheel doesn’t mean you drove it there.

DWI 2nd .16 BLOOD TEST NOT GUILTY!! Client was pulled over for swerving on her way home. Client was pulled over by the most aggressive DWI police officer in Denton PD. The officer has now since retired and is attempting to help Defense Lawyers in trial. I would never hire her. Because while now she talks about the inaccuracy and unreliability of the HGN test, while she was cross examined she continued to say that it was accurate. The jury caught on fast to her speaking out of both sides of her mouth. Client looked good on video but will still arrested. Client really never stood a chance with this officer. Mid Trial I asked her about her blood affidavit and whether she swore to it. She agreed that no one ever gave her an oath and she never swore to it. In fact, she said the person who signed the affidavit was the one who swore that she signed it properly. That is not the law! The affiant of a sworn affidavit to get a blood search warrant must swear to the truth and accuracy of everything in that affidavit. Which now should make everyone question every arrest and warrant this officer ever applied for. The Judge saw the error in the police affidavit and suppressed the blood result. So all that was left was a good video. The zealous Denton County DAs office refused to dismiss the case and instead proceeded to closing. The Denton County DAs office is known state wide for how aggressive they are. The jury returned a swift 10 minute Not Guilt and sent our client home. Thank you to the Judge for his just ruling, thank you to the jury for their just verdict and thank you to God for bringing all these pieces together. The client fought for 2 years to clear her good name. Thank you so much to that jury for giving her life back.

Client was a first time offender that initially entered into the DWI Pretrial Intervention Program (DWI PTI), but was terminated from the program for testing positive for marijuana and having positive blows for alcohol in his ignition interlock device.  Client decided to exercise his right to a jury trial after being terminated from PTI.  Client was pulled over for speeding coming from a bar at 4:20am and admitted to consuming five 16oz. beers and one shot of whiskey.  Client did well on the field sobriety tests and consented to a breath test that came back at a 0.097 one hour after the stop.  The State’s breath expert testified that my client’s breath alcohol content would have been at a 0.12 at the time of driving.  We were able to point out the bias of the field sobriety tests and the fallacies of the breathalyzer.  Ultimately, the Jury did the right thing and returned a verdict of not guilty in 36 minutes!

0.112 BLOOD TEST! Client was a young man on his way home, west bound, from a sports bar. Officers had another person pulled over in the east bound lanes. Magnolia PD Officer Landrum wrongfully believed that the client didn’t pull over for their stop. 1. The video showed the client clearly in his west bound lane; 2. You only have to pull over in a lane for an officer on a stop in the same direction of lanes. Officer Landrum had been written up by  plenty of the Montgomery District Attorneys for dishonesty involving their office and DAs. I know this because it was provided to me as Brady notice. Remember, this is a 24 year old man, who has never been arrested a day in his life, has a 0.112 alleged blood score, no accident, with a known lying police officer. The two DAs in the court decided to continue on and try to convict my client. My client’s mother and my intern were in the Court before I got there and heard the DAs say this would be a “good learning experience” because Thiessen was trying the case. Also, the analyst who tested the blood had since stopped testing blood and moved to Colorado. These DAs chose to spend tax payers money on buying her a last minute flight to come down and testify. The trial commenced and I crossed Officer Landrum on the standard field sobriety tests. I showed him medical records of the client’s leg and knee injuries. And we systematically broke down the video so the jury could see how these tests are actually given and their meticulous grading system. The analyst then got on and testified about how she never made mistakes and that her results were reliable and accurate. We brought our own forensic toxicologist, Amanda Culbertson, to show the State and the lab how their own machine pipette was off by more that 10%, the blood was absolutely clotted in the tubes and shouldn’t have been, and that the analyst did not let the vials come to room temperature before preparing the samples. All of these will create false high ethanol levels. The DA and the analyst refused to acknowledge any mistakes. Rather, the DAs objected over 100 times to my evidence, arguments, and even my wanting to show their evidence. The jury of 6 contained 2 federal officers, 1 ex DWI officer from the UK, a lady who was married to a trooper and two people that had no law enforcement ties. Needless to say we were sweating the verdict just based on the composite of the jury. The jury returned a swift verdict of Not Guilty in less than 30 minutes and came out and hugged my client, his mom and myself. The jury could not believe how “aggressive and annoying” (their words not mine) the DAs were in this case. Many times during this case I told the DAs they needed to cut this case or offer something besides a DWI. Around mid-trial when I found out about them saying this was a learning experience I called both of them out and told them how wrong this was to try this case. DAs take an oath to promote justice. This was not justice, this was them playing with a young man’s life and future. This was a particular set of DAs that chose this course. I have let their supervisors and the legal community know. I’m just so thankful to this jury for seeing through their tactics and trickery. They sponsored a lying police officer, they flew in an analyst who was basically a puppet for the State, and then proceeded to object to any evidence of innocence. Montgomery County has some fine DAs, but not these two. I was very worried about this jury being officers, but they showed strength and character and saved our client’s future. We are truly indebted to them and thankful they were there to analyze the evidence and balance the DAs power in this case. Thank you so much to that jury. Y’all really showed me that good police will spot bad police and abuse of power. I am indebted to y’all. Thank you for standing up to the DAs office and demanding better evidence and science.

0.161 BLOOD TEST!!! Client came down from Dallas for the weekend. Checked into his AirBnB and then headed for the Strand. Didn’t know that it was Biker Weekend in Galveston and the Strand was packed. The client left about 11pm and was pulled over by UTMB police for failing to signal a lane change on Broadway. However, the video also showed the police officer doing the exact same thing. Client admitted to drinking and was wearing a “Fuck It, Let’s Drink” shirt. Officer called in a DWI officer and had client step out for the SFSTs. The officer performed the HGN while the client was facing many cars passing in close proximity. But of course, she said he exhibited 6 out of 6 clues (they always say that). The client then performed the Walk and Turn and looked great. Only barely failing the test according to the officer’s own clues. The client then passed the One Leg Stand. Client requested a lawyer when asked for blood and they got a warrant. Blood came out of Harris County DPS with Rachel Aubel testifying. Of course Ms. Aubel testified that she didn’t make any mistakes and her work was performed accurately. She even gave herself 100% in never mixing up a sample in 5 years and 10s of thousands of vials.

Amanda Culbertson, our toxicologist, was able to show how they routinely violated their SOPs and their standards were out of tolerance. The overzealous DAs tried very hard to keep Ms. Culbertson off the stand or prohibit her testimony, but the Judge saw through their antics and let the jury hear the whole truth. Of course, Ms. Aubel rebutted that everything was still perfect even after we exposed all the problems with their lab. This I why we need independent labs! NASA makes mistakes, but police/government labs won’t ever admit anything is wrong. The jury ultimately threw out the blood test and simply said the client didn’t’ look anywhere close to twice the legal limit. Something had to be wrong, it just didn’t add up. They also noted how he could look great on all the tests we could see with our own eyes, but fail the HGN with every clue. Didn’t add up. Thank you to the jury for standing up for the People of Galveston County and demanding better forensic science. Thank you for giving my client his freedom back after 18 long months.

NO TEST, NO ACCIDENT! My client went to the Yankees/Astros game 6 on October 20th, 2017. He arrived at around 6pm and had dinner at Home Plate. During the game, he admitted to having 3 to 4 beers in total. After the game, my client waited the crowd to die down and the celebration to end before making his way to his parked truck. After fighting traffic, he was traveling home and passed a few cars, by speeding up. A Deer Park police officer saw him and followed him for a bit. On video, my client did not commit one traffic offense when the officer pulled him over. My client immediately pulled his car over and was very polite to the officer. After my client admitted to drinking at the ball game, the officer initiated a DWI investigation and was subsequently arrested.

During trial, the officer said my client had slurred speech, red bloodshot eyes, and a strong odor of alcohol on his breath. During the HGN portion of the SFST, the officer had my client looking at a train as he was administering the HGN (6/6). My client did horrible on the WAT 7/8 and OLS 3/4. My client refused to give a sample of breath and the officer decided not to get a warrant for blood. On cross-examination, the officer admitted my client did not lose any mental faculties and he did not have slurred speech. The officer also admitted his mistake on the HGN and said he would have done things differently. I argued my client had 3-4 beers over a 5-hour span and did not lose his mental faculties. The jury returned a verdict of “not guilty” in less than 10 minutes.

0.226 BLOOD TEST!! Client works at a local bar and was on his way home at 4am Sunday morning. As he was driving home, a dump truck was trying to avoid another car on 45 South. Client had an accident and totaled his truck into a dump truck. An HPD DWI Task Force unit arrived on scene. Client was polite, handed his DL and answered all of her question. Client politely refused to perform Standard Field Sobriety tests stating that his attorney friends told him to never take those. Client was transported off the freeway and the officer again tried to get him to perform the tests. Client was always polite and looked and sounded normal on the video. Under cross examination the Officer finally admitted she arrested him because he smelled like alcohol and refused the tests. (Neither of those are illegal in Texas). A blood warrant was obtained and the analyst was called to testify. Like usual, the Houston Forensic Science Center analyst testified her result was accurate, the procedure was perfect and she made no mistakes. On cross she admitted that in preparing 25k vials she has never made a mistake and gave her performance 100%. The sample right before client’s was almost identical and just a “coincidence” according to the analyst. The analyst admitted she did not DNA test the sample and had no idea if the client even looked 3x the legal limit. She agreed to Dubowski’s chart on what people should look like and admitted she had no reason to think the client had any tolerance. Although we has an expert and the client ready to testify it was not needed. I could see the jurors shaking their head in disapproval of the State’s case for the entire trial. The jury returned a quick two word verdict. Thank you to the jury for following the law and not just blindly trusting in a ridiculous number that made no common sense. It was a strong and just verdict by a great jury to stand up for better forensic science. We truly need an independent lab in Houston who is not afraid to admit mistakes. NASA is not 100%, but the HFSC is? Yeah right!!

Client was pulled over for allegedly crossing the lines of traffic multiple times and almost hitting a vehicle. The client was also pulled over after the mandatory midnight Harvey curfew by two of the most seasoned HPD Officers on the DWI task force. Client never stood a chance. Thankfully, the DA was able to find the dash cam of the driving in the middle of trial and that video showed that the Client barely touched the diving lines of traffic and never even left his own lane to avoid missing a parked car. This was a classic case of “when you’re a hammer, everything is a nail.” It was a Saturday night, midnight, in Midtown, with the curfew just in effect at midnight, and the client was pulled over by two of the most decorated HPD DWI Task Force Officers. The Officers were very happy to discuss all of their training, awards, arrests and how high up and powerful they were with HPD and the Harris County Das office. But that backfired on them. The jury was able to recognize that these two officers were so high up that the Das couldn’t tell them they were ever wrong. Thankfully we have jury power for this division of Police and Prosecutor and the jury came back in 15 minutes with a Not Guilty. The client was very polite on video and didn’t’ decline any tests, he just wanted to call his step dad (an ex-HPD officer) to ask him what to do. The DA and the Police over exaggerated the clues and signs of intoxication and the jury was able to see right through it. The jury actually came back and said the client should have never even been pulled over. Thank you to that jury for their just verdict. We waited 9 long months and needed their help in this case to clearly divide the power between the Police and the DAs office.

Intoxicated Manslaughter (Enhanced to 1st Degree with Prior Felony Conviction)

NOT GUILTY on Intox Man, Guilty of Lesser Included DWI

Client was facing 5-99 for an Intoxicated Manslaughter Case enhanced with a prior felony and the jury only found him guilty of the lesser DWI. Went in facing life, walked out with time served. Team Thiessen would like to thank the jury for their verdict and remaining true to their doubts. Client was a .19 four hours after the accident but the accident was unavoidable. Our accident reconstructionist, John Eftekhar, was able to show the decedent pulled out in front of the client .85 seconds before impact. Thank you to Amanda Culbertson, forensic toxicologist, who found 100% undeniable tampering with the blood vials which allowed the jury to not even consider the result. We also would like to thank Jacob Shiffer, John Leo, and Steven Wright who never left our side and gave invaluable insight. And we’d like to thank God for bringing this all together. It was also amazing getting to try this case with my lovely wife and second chair, Taly Thiessen.

0.138 BLOOD TEST! Client rear ended a vehicle at a stop sign. When client went to check on the car, the man’s Labrador was sitting in his lap and the client asked if the dog was driving. Client was very strange on video, but that was normal for him. When he was 16, he was involved in a car accident and placed in a coma. As a result of this accident he suffered trauma to his frontal lobe and suffers from Dysexecutive Syndrome. He also never played sports after this accident. The DA was hell bent on not letting the jury hear about his prior accident and condition, but the Judge did the right thing and allowed the relevant information in. The jury was allowed to get to know the client and realize that any loss of mental or physical faculties, but was normal for this client. As for the blood, it just didn’t add up. The State’s expert retrograded the blood back to a .21 at the time of driving. And for the client to be that drunk and never ask to go to the bathroom…. Also, the jury didn’t like the analyst stating he was 100% accurate in his work. Even NASA makes mistakes, but not the government?? The jury made the just verdict and told the State they just had too much doubt. As much as the State tried to hide the evidence from coming in, the jury was able to see through all their tactics. The client is now planning on getting engaged to his girlfriend now that this nightmare is over. Thank you to the Judge for his ruling and the jury for staying true to their doubt.

Intoxicated Manslaughter. Client was a young 21 year old woman who was working at a bar during Christmas Break. They had a strict no drinking policy and her manager testified that there was no way she did because they were too packed and it wasn’t allowed. Client left work and went to eat after work free hot dogs at the 7-11. She then drove her manager home. So at 430am she had consumed no alcohol. She went to an after hours house party and had a beer and two swigs off a Jack Daniels bottle. After that second swig, she realized she was the only girl left and the guys weren’t passing around the bottle anymore. Fearing for her safety, she exited the house quickly and began driving home. It was a cold, dark night and she had a terrible accident, rear ending another car at the light. We have no idea what speed she was going or whether the person at the light even had his lights on. The Lubbock PD Accident Investigator testified he performed ZERO calculations in this case. The accident happened about 8 minutes after she consumed alcohol. A lady witnessed the accident on her way to church and allowed client to sit in her car. That lady was highly susceptible to alcohol and smelled no alcohol on client and did not think she was intoxicated. Client’s father then arrived and he never suspected intoxication. In fact, he testified that had he suspected she was intoxicated, he would have tried to sober her up or maybe even get out of there. Only one officer ever smelled alcohol and that was an hour and a half after the accident. Client complied with all the SFSTs and consented to a blood draw. The investigation was very weak and the people of Lubbock deserved better. Their blood expert couldn’t even agree the sky was blue and fought us on everything. An expert was able to testify that according to 5 Internationally respected officers, the client was under a 0.08 at the time of accident and could have still been a 0.18 at the time of the blood draw. The jury was very smart and included people of tremendous courage. Many were professionals and even science teachers at Texas Tech. They followed the law, the State did not prove intoxication at the time of driving beyond a reasonable doubt. They returned the just verdict of Not Guilty and gave this young woman her future and life back. Thank you all. We will never forget this. All of us.

DWI. Client was home on Christmas Break from MIT. He was a young African American and this is important because the police all thought he was a young punk. I was able to show the Jury that he went to Strake Jesuit and then MIT and he was anything but a punk kid. He was very special. Well that night he was tired and wrecked his car into a parked car in his neighborhood after having a fight with his brother. Client was upset and complied with the officers but was ultimately arrested. The client refused the breath or blood test because he was scared and wanted an attorney. The DA for the State was highly aggressive and overzealous in this prosecution. If anything, they could have and should have reduced this case, but they wouldn’t. Thankfully the jury followed the law and gave this talented young man his future back.

DWI BREATH TEST .10. Client was leaving a concert at the Toyota Center with his wife. During the exit madness in the parking lot, one of the attendants banged on client’s car. Client and the attendant had some fierce words, but client drove off, only to be tattled on by the attendant and pulled over at the base of the parking garage. Client was coherent and police to the police but was still arrested and transported downtown. He looked normal and pleasant on video but the breath test showed he was over the legal limit. The jury was very smart and able to see through the State’s case. The jury recognized the problems with crime labs testing. The jury ultimately followed the law and returned a just verdict of Not Guilty! Thank you to the jury.

.135 BLOOD TEST. Client is from El Paso and was a student at Texas A&M. he and his wife flew into Houston then drove to College Station to see some of his old friends from the military graduate from A&M. They started out at Northgate and his friend has a rowdy night. On the way to drop his friends off, they passed out in his car and he didn’t know where they lived. They then began throwing up in the backseat of his car. Client decided to just drive to his hotel. On the way, his wife got sick so he pulled over on the side of the road. The police arrived as his wife was vomiting in the bushes. Officer approached and saw two passengers covered in vomit in the backseat. Of course, client was suspected of DWI. He performed the tests and looked normal. 3 hours later they withdrew his blood and it came back a 0.135. The DA told me that he had 27 years of experience and tried to let me know how it was going to proceed in trial. Well, it didn’t go as he planned. I was able to educate the jury on how improper the blood was drawn. The nurse literally withdrew the blood with a syringe, then shot it into a vacutainer and rotated the vials a quarter of a turn. It was obvious she had never been trained (or cross examined) on proper forensic blood draw procedure. The analyst came all the way from Austin and testified to the jury that she has done over 10,000 blood tests and never made a mistake. (come on! Even NASA makes mistakes). Luckily, I had a very smart jury and they weren’t buying what the State was selling. The jury deliberated and returned a just verdict of Not Guilty. Thank you to the jury for following the law and understanding the concept of having to prove a case beyond a reasonable doubt and that the client enjoys the presumption of innocence. Truly a just verdict.

.168 BLOOD TEST. This case was won on pure operating as we stipulated to her intoxication. Client was a single mother that worked all day and then came home to feed her sons. She went to a guys house that she had been on two dates with. She parked on the street and they went to the Madonna concert. She apparently had a great time and drank a lot. When she got back, she testified that she already had 2 children and was trying to be a “good girl,” so she didn’t want to spend the night. She walked out, turned her car on for the heater and slept in her car. An off duty EMT, who is married to an HPD officer, was coming home around 530am and saw her parked there. He testified her car was in the intersection, with her foot on the brake and car in drive. This EMT spent 45 minutes with the DA before testifying and came up with these facts which weren’t in the Offense Report. The DA was playing games and waived their opening, so I saved my cross of the EMT for my case in chief. This meant the State had to call their next witness, the Officer. I knew the Officer was well trained and an expert in various aspects of DWI. I was able to use him as an expert against the EMT. The Officer testified he knew how to write reports and even took classes in report writing. He also admitted that had someone told him foot on brake, car in drive, he would have certainly written that down because that defines operating a motor vehicle. The kicker: the Officer only barely showed up and had to take the stand immediately. No time to be woodshedded by the State. He was great for us. He also admitted that the back side of her car was close to the curb and the client was on the curve of the residential street. After that, we stipulated to the blood and intoxication. Client was seen on video stating she wasn’t driving from the moment they pulled her out all the way down to the station. The jury just needed to decide whether it was considered operating a motor vehicle to stay in your car and not drive and just use it as a heater while you slept. I argued, this is what we tell people to do, sleep it off, don’t drive. Also, can you imagine how many DWIs there would be just by people starting their car while intoxicated. It’s called DRIVING While Intoxicated. Thankfully the jury came back with a swift and just verdict of Not Guilty and sent this young mother back home to her family. Thank you to that jury for not defining operating a motor vehicle as just sleeping in a running car.

.169 BLOOD TEST. Client was coming home from watching a sporting event and was pulled over for speeding on a highway in Dallas. The Judge asked me if I had ever crossed Officer Bobby Watkins before. I said no. He said, you will never forget it. This officer loved to ramble and narrate and just tell me tests were valid without any medical or scientific background. At one point, I had to give the officer a rubber band and tell him to pop himself when he would get angry and argumentative. In fairness, I wore one too. We ended up popping ourselves multiple times. But the client pulled over and was on the phone with his GF. All the client could hear from the loud speaker was “get off the freeway.” So he pulled further into the grass on the shoulder. He heard it again. So he drove his BMW through the grass, off the curb, and stopped on the feeder road. Client eventually pulled into a close car dealership driveway. Client looked great on the video. The blood came back and didn’t match what we saw on video. The jury agreed that the results just didn’t add up. Additionally, questioned how the Officer even know the client was going 80mph without a radar or pacing him. They said that if he was willing to lie off the start, they didn’t trust the rest of his testimony. In the end, the Jury grew tired of Officer Watkins constant evasiveness and embellishing. One juror also said she would have driven off the freeway too with him screaming like that. A juror, who was a nurse, said they run tests in the hospital all the time and the results don’t make sense. So they toss the test and rely on their eyes and ears. The DA had never heard of me before, but half way through she told me that she watched my videos and read my website over the first night. She said I did exactly what I was going to do. It was a great Judge and Jury. The jury gave this young man his life back after almost 2 years of pleading his innocence. Thank you to that smart and meticulous jury.

.180 BREATH TEST. Client was leaving his apartment when a young man made a u-turn in front of him. Client tried to swerve and miss the other car but barely collided with him. The young man said he was going to get snack on a Friday night at 10pm, that he didn’t want my client to call the police, and before the police came he needed to change his shirt. I was able to show that the reason for the shirt change: allegedly because it was cold, was absolutely untrue. In my opinion and the juries opinion, he was having a little smoke and going out for some snacks. But it doesn’t matter, accidents happen every time. A new HPD officer took the stand and was actually written up after this trial. She did not know any of the SFST manual or the clues and had been making arrests for the past 4 years. The jury actually said the client should never have been arrested by this officer. But client tried to do the tests as best he could and even went down and submitted to a breath sample. The sample came back at a .16. The client had terrible dental problems, but it was when the State’s expert testified that they never make mistakes and they always testify the machine is accurate and reliable that the jury basically just tuned them out. The jury was very smart with a lot of technical knowledge, they realized no machine is flawless. Especially machines from the 80s, that are out of warranty, and they fix themselves: the Intoxilyzer 5000. Thank you to the jury for their just verdict. The client fought for over a year to get his Captain’s license back and now has his career back. I have since talked to him and he is still so thankful for this nightmare being over.

Client was found asleep at the wheel in a Jack N the Box drive thru. A Sugar Land Police Officer got him out of the car and the client seemed tired, but not intoxicated. While I would love to tell you about how we won this on exhaustion, and we absolutely were ready to do that, the Officer failed to show up on the second day of trial. She refused to back up her Offense Report or get cross examined by me. The State had no choice, but to dismiss mid trial. Since the jury had already been empaneled, the Judge had to direct the jury to issue a Not Guilty verdict. There are a million ways to skin a cat. And I’d rather be lucky than good any day. I don’t know why she refused to come (I like to think she had heard about my cross examination), but my client was very happy with the quick NG.

.13 Blood Test Client was pulled over for doing 93 in a 65 on his way home from Dallas after seeing his family for the weekend. The stopping officer couldn’t articulate what the actual clues were for the Horizontal Gaze Nystagmus test, but was sure he saw 6/6 clues. He also said the client showed 4/4 on the One Leg Stand and arrested him. Client was seen on video performing all 3 SFSTs 30 minutes later. The DWI Task Force officer also found 6/6 clues on HGN (they always do) and then client scored 0/4 on the OLS and barely 3/8 on the Walk and Turn.

In short the client looked great on video. His blood was drawn pursuant to a warrant and the result came back 0.13. The analyst that tested the blood was freshly out of HFSC/HPD crime lab and opened a Pandora’s box about the problems with reliability and violations of SOP by the lab. However, he still wanted to state that his work was accurate.

After showing him that he took the blood out of the refrigerator for 12 hours and didn’t know the expiration date he still stood by his number. So I showed him the carton of milk I had left on my desk for 12 hours and couldn’t see the expiration date and asked him to drink it. He wouldn’t. The jury didn’t digest his result either. Thank you to the jury for using your common sense and giving this client his life back. His immigration was on the line and the client wept in open court at the Not Guilty verdict was read. Thank you for following the law and returning such a just verdict.

.16 Blood Test!!!! In all fairness, I got the blood suppressed because the State could not find the nurse or anyone to testify that the blood was drawn using proper procedure. The client looked great on video, but the State wanted to press on. I truly believe that the State used this as practice for one of their new prosecutors, which isn’t cool. The client was pulled over for speeding and the female officer pulled him over and began screaming. Client was polite, coherent, and cooperative the entire time. He looked fantastic on video and the jury returned a 15 minute Not Guilty. The case should have been dismissed after the blood was gone, but the State just couldn’t get over that it was his 2nd and it was a .16. But it’s not about what happened but what they can prove. Thankfully, the smart jury returned a just and fair verdict by following the law. After 19 months of waiting and fighting, the client is now free to follow his dreams and move to California for work. Thank you to that jury for following the law. It was the right verdict.

.21 Blood Test This was a retrial after the jury hung 5-1 Not Guilty. The State, this time brought in an expert to state that it is possible for someone to be a .21 and not smell like alcohol at all because of the weather or the digestion method. More specifically, the analyst, Dr. Guale (who has since quit HCIFS) stated that women could soak feminine hygiene products in vodka and then insert those vaginally and then they wouldn’t smell like alcohol. I can’t make this up. So, Dr. Guale and I had to have a long slow discussion about how alcohol goes into the blood stream, which surrounds the lungs, and would be expired in the breath. Additionally, the alcohol in the blood would evaporate with perspiration. The jury didn’t buy the State’s new theory of intoxication either and returned a swift and just verdict of acquittal. Finally, this sweet young lady got her life back. Thank you to the jury.

0.069 BLOOD TEST!! Client was found passed out while wrecked on a guard rail at 6am. His blood was drawn at9am and was under the legal limit. However, the State still proceeded to trial in an attempt to retrograde extrapolate his blood to above the legal limit at the time of driving. Through a scientific cross examination, the State’s expert testified he could have been under, over, or exactly the same at the time of driving and each was just as likely. She also agreed there was no way to determine the BAC at the time of driving beyond a reasonable doubt. The jury followed the law and found the client Not Guilty based on the State’s failure to prove the BAC at the time of driving. Other than the BAC, he looked normal, so there was no loss of normal physical or mental faculties. The client testified he was tired and was just coming from eating at House of Pies with his girlfriend and was essentially in a food coma. Thank you to the jury for following the law and giving him his life back. The client was waiting on this verdict to propose to his GF. We wish them a long and happy life together.

All of our cases are important to us, but this is one case that no one involved will ever be able to forget.

Our client, a hardworking taxi driver from Eritrea, Ethiopia, was driving home from a volunteer gig at his church. He had consumed a couple of beers over the course of the evening, as well as a few sips of a traditional Eritrean homebrew called sewa.

Driving home at 10:00 pm, our client got into a horrible accident with another vehicle, leaving four passengers dead. While both parties claimed to have had a green light at the time of the accident, our client was backed up by an eyewitness who would later flee the scene to avoid getting in trouble with immigration. The police never bothered to check on the lights for any possible malfunctions.

After the tragic accident, our client acted normally and was fully cooperative, even offering to take sobriety tests right there on the spot. However, the police twiddled their thumbs and didn’t even perform the field test until 45 minutes after the accident. They waited even longer to perform blood and breath tests, performing the blood draw at 11:45pm, and waiting until 1:45 am to have him use the Intoxilyzer! While they eventually found our client’s BAC to be .14 blood and .10 breath, the results were collected too long after the fact to paint a compelling picture.

Based on Texas “Time of Driving” rules, the prosecution had to prove that our client was intoxicated at the time of the accident. That’s when the “facts” stopped adding up! Using faulty retrograde absorption theories, an “expert” from the prosecution claimed that our client had as many as nine drinks within 30 minutes before the accident! However, our client never needed to use the restroom during the entire investigation (4 hours), which is extremely unlikely for someone who’s had nine beers!

To put it simply, the numbers just didn’t add up. That was enough to create reasonable doubt. The police didn’t collect their results soon enough. They didn’t follow up on important leads like the traffic lights to make sure the whole story was being told. Thanks to a smart jury who had the courage to uphold the law and move past the emotions, our client received not guilty verdicts on all charges.

We send our sincerest condolences to all involved in this terrible accident. What happened was a tragedy, but not a crime. We’re thankful to have had a jury that understood the difference.

0.214 BLOOD TEST!!! Client came from Seabrook to Houston for the Fourth of July festivities. He met a couple of ladies at a bar that night who wanted to go back to Seabrook to ride on his boat the next day for the 4th of July. The client knew better than to driving, this being his second DWI arrest. But jaded by alcohol and two beautiful women, he let one of the girls drive and rode in his truck with them. They didn’t make it to Seabrook as the driver pulled into a parking lot so all could use the restroom. A police officer came upon the scene while my client was sitting in the driver’s seat. There was also marijuana found on the center console. The client was obviously intoxicated on the video so we gladly conceded to intoxication. He also testified the open container was his in the door that he had drank earlier that night. He also testified that he had smoked some of that weed, but it was the girls’ weed. Only one of the girls showed up to testify. However, it was obvious from her testimony that she was covering for her friend. The girls had been cutting their hair in the full moon that night and the driver, who refused to testify or come to Court, was actually 8.5 months pregnant. The jury realized the truth and set the client free. The DA should have dismissed the case, but couldn’t see past that high blood score and him being in the driver’s seat. However, the jury found the client credible who would admit to drinking and driving before, smoking weed, being highly intoxicated, but not actually driving. He is a prominent realtor in town and his career was certainly on the line. Thank you to the jury for following the law.

0.259 BLOOD TEST!!! Client stipulated to intoxication as he wasn’t the driver. Client testified that he went to Sunday Funday and ended up playing flip cup for the first time ever. Doing quite poorly, he drank a lot. His roommate, a marine, drove him in his car home. On the way home, an off duty officer allegedly saw the client’s Prius doing 90mph, driving on the shoulder and swerving all over the road. They were followed all the way home. At client’s house, he was helped out of the back seat and went to confront his person that had followed them home. He then went inside and passed out. He was woken up by the police and asked whose car it was and arrested for DWI. The jury was very smart and followed the law stating: the State didn’t prove operation beyond a reasonable doubt. They still had doubt. And with that doubt, they had to follow the law and find him Not Guilty. It was a very short trial since we stipulated that he was over the legal limit, and had lost the normal use of his mental and physical faculties. Judge Fields even described our trial tactic as “brilliant.” It didn’t waste time and let the jury decide the case on one sole issue. Thank you to Judge for a great trial and the jury for their just verdict.

0.214 BLOOD TEST!!! Client came from Seabrook to Houston for the Fourth of July festivities. He met a couple of ladies at a bar that night who wanted to go back to Seabrook to ride on his boat the next day for the 4th of July. The client knew better than to driving, this being his second DWI arrest. But jaded by alcohol and two beautiful women, he let one of the girls drive and rode in his truck with them. They didn’t make it to Seabrook as the driver pulled into a parking lot so all could use the restroom. A police officer came upon the scene while my client was sitting in the driver’s seat. There was also marijuana found on the center console. The client was obviously intoxicated on the video so we gladly conceded to intoxication. He also testified the open container was his in the door that he had drank earlier that night. He also testified that he had smoked some of that weed, but it was the girls’ weed. Only one of the girls showed up to testify. However, it was obvious from her testimony that she was covering for her friend. The girls had been cutting their hair in the full moon that night and the driver, who refused to testify or come to Court, was actually 8.5 months pregnant. The jury realized the truth and set the client free. The DA should have dismissed the case, but couldn’t see past that high blood score and him being in the driver’s seat. However, the jury found the client credible who would admit to drinking and driving before, smoking weed, being highly intoxicated, but not actually driving. He is a prominent realtor in town and his career was certainly on the line. Thank you to the jury for following the law.

.142 BLOOD TEST!!!! Client was involved in an accident on his way back to a bar from getting cigarettes. Client claims the complaining witness came out of the side and hit him, and the CW says the client was going the wrong way down Spencer Highway and t-boned him. Regardless, the client panicked and left the scene to go get his girlfriend at the bar to bring her back because it was her new car. Client has a history of head trauma that led him to be diagnosed with poor decision making and even attend special education classes in high school. Client came into the bar and immediately pounded 3 shots of Southern Comfort that were on the table. The girlfriend and others immediately asked what was the matter. As he was taking the girlfriend out to see the damage, the police arrived and arrested him. He was taken to the police station and examined by Pasadena DWI Task Force. He looked and sounded great on the video. But 3 hours after the stop, his blood alcohol was 0.142. The analyst conceded that either a person drank 3-4 shots right after the accident or was a 0.20 at the time of the accident. The jury understood that Texas is an “at the time of driving” state law. The State could not prove beyond a reasonable doubt that the client was intoxicated at the time of driving. Thank you to the smart and courageous jury for following the law and giving the client his life back. The client sure made a stupid decision by running in and pounding shots, but it wasn’t illegal.

Unlawful Restraint (Class A Misd). Client is 6’5’ 265lb ex-Army Desert Storm Veteran. The complaining witness, his girlfriend at the time, is only 5’5” 115lb fitness instructor and gym owner. This was a passionate relationship that just has a bad night. Client and GF had been dating about 2 months. They met each other kids, slept over, said I love you, and even talked about marriage. Client and GF got into an argument and were bickering all day one day. She started drinking and was mad that he wouldn’t stay up with her. She passed out on the couch and he carried her to the bed. She woke up at that point and wanted to go out, it was 1 am. Client grabbed her my the arms trying to talk some sense into her and she started screaming bloody murder and called the police. She alleges that he ripped a clock out of the wall, even though she was the only one with burn marks in her hand on the photos. She then had to roll over the bed and he jumped on her with his hand on her neck and arm, but didn’t impede her breathing. She then stated he just picked her up and sat on the bed holding her saying “come on, stop it.” Two days after the case was filed she called the DAs office and asked them to drop the charges. 8 days later she met with the DAs in person and asked them to dump it. She even signed an affidavit of non-prosecution. She only wanted to testify against him after she saw him with another woman at Lakewood. All of the officers had different stories from her. She took the stand and her story kept shifting and changing. The jury gave her absolutely no credibility. What’s scary is that she was related to the a very high up Montgomery County court official who came and watched the closing arguments. The jury said they would have come back immediately not guilty but didn’t want to be disrespectful to the State since the State was so nice and did a great job. The State was very honorable and it was one of the nicest and most pleasant trials I’ve had with a Court and DA. I really want to
thank the DAs office and the Court for that. Showed a lot of class. Thank you also to the jury for not labeling this Veteran a “criminal” for the rest of his life. Thank you thank you, and I hope they all remember this great and just verdict for the rest of their lives.

Interference with Emergency Call (Class A Misd). Client was a doctor going through a divorce with his wife who was a professional actress (Predatory Moon and Hit Women). He had already filed a case against her for Assault after she broke his jaw. The 911 call was all her screaming and crying. You never heard his voice or any loud banging or anything. I even had pictures of him at the clinic from their surveillance cameras at the time of the call. Additionally, I had two witnesses that remember him at the clinic at the time of the 911 call. The wife refused to even show up to testify and asked the DA to dismiss it. So why did this case even go to trial??? Because of One DA. Others wanted to dismiss it. This DA was so overzealous and irrational that he made his number 3 try it with a 911 tape and only one of the three investigating officers. Honestly, he was abusing his power as a DA. Luckily, the Honorable Judge Bill Harmon granted a directed verdict after their case in chief and put a stop to all this nonsense. After the jury was excused, one juror came around the box and walked straight up to the DA wanting to ask questions. The juror was taken back to the jury room and both the State and I went back to talk with them. The jurors were furious that the State would even waste tax payer money on a case like this. And, it could’ve cost my client his medical license. All because of One DA. It’s scary the power a DA can abuse. I hope HCDAO takes a look at his actions and reconsiders whether he is a positive reflection for their team. Thank you, thank you to Judge Bill Harmon for bringing justice into this situation. You are greatly appreciated.

.10 BREATH TEST!!!! Client is a very pretty Cuban young woman. She was on her way home when a Porsche and a Mustang full of guys started cat calling her. She was trying to get away from them and was pulled over on Westheimer for speeding/racing. She pulled over by a long time, famous ex-DWI HPD Sergeant. He called for a DWI unit in a matter of minutes. A DWI unit came by with no video and gave her field sobriety tests in English. She told them she wasn’t intoxicated and they still arrested her. They took her down to the station and read her the DIC-24 asking whether she wanted a breath or blood test in English. She is on video screaming at the officer telling him she doesn’t understand law and asking for a lawyer. The officer admitted they have a Spanish form right there in the room and a tape player that reads it in Spanish for them. He never did that. He didn’t have to, he said. They then took that as a refusal and strapped her down into a blood chair. After drawing her blood, she was so traumatized that she threw up in the trash can. I was able to get the analyst to say that with the amount of drinks she admitted to drinking that the client would not have been intoxicated. Yet, that same analyst was willing to say the client drank almost 4 bottles of wine and could’ve been a .19 at the time of driving. The jury didn’t really believe the analyst when she stated she never makes a mistake and always testifies that the person is intoxicated. The DA fought tooth and nail and we overcame all the odds. Thank you to the jury for giving the client her life and freedom back. Truly, her immigration status was on the line. She was bawling the entire time through trial. Client came all by herself from Cuba at 18 with no family in Texas and has worked her way up into banking. She’s a true fighter. She fought the police that night and fought the DA on the stand, because she was fighting for her freedom. The American Justice system prevailed. God Bless America.

.20/.15 BREATH TEST!!!! Client was on his way home from Rodeo Cookoff (2.5 years ago) and hit an accident that didn’t steer and clear themselves on I-10. The State retested the blood three separate times. The blood started out at a .20 and finally ended up at a .15. They had problems with the analyst and on the third time, it was too close to trial so it wouldn’t have come in. Judge Ross properly denied the State’s continuance and the State dismissed the case. Then the State went and re-filed the case. Effectively getting around the Judge’s ruling. Completely chickenshit and basically cheating/abusing their power, if you ask me. So 2.5 years later, with 3 different blood test, we went to trial. Client was basically normal on video and the wreck was just an accident. It all came down to the blood test. And once the jury saw that the blood was tested 11 months beyond the test tubes expiration date and the blood appeared brown and green, they had tons of reasonable doubt. Thank you to the honest analyst who admitted that she doesn’t see blood like that, but doesn’t have a choice, she just has to test it. I applaud and thank the jury for following the law and finding the client Not Guilty. You should have seen the tears in our client’s eyes as that 2.5 year weight was lifted. Thank you to the jury, I hope yall never forget the day you gave a young man his life back.

.159 BREATH TEST!!!! Client was pulled over on Labor Day weekend after 1am for speeding down 59 by an ex-DWI Task Force officer who was being paid Federal DWI overtime. Exactly: when you’re a hammer, everything is a nail. The video showed client speeding and then signal lane changes 7 out of 8 times. The Officer followed her for over 2 minutes before finally pulling her over. She pulled over safely and timely. The officer thought she was intoxicated because she was a 22 year old female that was talkative, had a distinct odor of alcohol, and red glassy eyes. The mug shot clearly showed that she had clear eyes. Again, the Officer, like every other case, got 6 out of 6 clues on the HGN. The client performed perfectly on the One Leg Stand with 0 of 4 clues. And then looked pretty darn good on the Walk and Turn but still scored 7 out of 8 clues. The jury was able to see how meticulous these tests were graded. The client was arrested and consented to a breath test. She blew a 0.159. However, the machine she blew on was taken out of a HPD BAT Van in June 0f 2012 and never recalibrated before being put back into service in August of 2013. Just 7 days after being placed into service the client blew on the machine. The machine was removed within 4 months of being put into service due to “too many Interferents.” However, after crunching the numbers, December showed only 7.8% of Interferents, where before client blew showed 9.8%. And why did they remove it, if the machine was doing its job. Additionally, the machine was never placed back into use. Unfortunately, we have Texas Department of Public Safety maintaining these machines and not an independent lab, so we will never know what is really wrong with this machine. But at the end of the day, our courageous jury said it just didn’t add up. She just didn’t look like someone over twice the legal limit. They didn’t believe the accuracy of that machine and gave the client her future back. The jury was a very very smart jury and I applaud their just verdict and thank them for standing up and demanding better forensic science. I hope each juror is proud of their verdict for the rest of their lives. Thank you again to that wonderful jury.

.171 BREATH TEST!!!! Client was pulled over for speeding down Westheimer by the Corrillion Center. However, on the stand, HPD stated they clocked the client using radar. I asked him if he was just as sure as he was using radar to clock him as he was that the client was intoxicated. The Officer said yes. I then showed the officer his report that showed that he used laser. The Officer agreed that he never did a visual estimation of speed and that he didn’t put the distance that he lasered him at. The Officer then volunteered that he must have put the distance on the ticket. Luckily we had the ticket, which also showed no distance. The case should’ve been dismissed for a bad stop, but the State kept going. Client pulled over safely and timely into a bank parking lot. Client testified he had vodka, tequila and sake throughout the night going to eat sushi and then a gentlemen’s club. HPD DWI Officers stated that client showed 6 clues on the HGN test, of course. However, the client looked good on the One Leg Stand and Walk and Turn. We then caught the same officer that used the laser into a 15 minute observation issue. All of the computer generated logs from HPD showed the officer arrived 6 minutes before the breath test, which would violate the required 15 minute observation period. However, again, this officer would not admit his mistake and instead said that all of HPD computers were wrong. Again, the State should have dismissed the case at this point. Finally, the DA messed up and forgot to establish the proper breath testing procedure form the officer and the Judge rightfully suppressed the breath test. And still, the DA pressed on. I told the DA, if they dismissed the case, like they should, I wouldn’t post the victory on Facebook or online. The DA trudged on. This case really showed me how afraid the assistant DAs are of getting fired. I truly believe they feared for their job for messing up or for dismissing a .17 breath case. Thankfully,
the jury wasn’t afraid and returned the just verdict of Not Guilty. The jury also agreed that when a case falls apart this much, don’t waste further tax payer dollars, just do the right thing and dismiss it. The current fear atmosphere at the Harris County DAs office is a shame. Thankfully the client’s life and career didn’t have to suffer. Thank you to the jury for standing up for us.

.09 BLOOD TEST!!!! Client was found passed out on the rail road tracks by an HPD lieutenant. No video, no SFTS, the lieutenant just arrested him and took him downtown. There he performed great on the SFSTs and even consented to his blood. However, the jury never saw any of that evidence or the SFSTs, because that officer downtown is currently under investigation for bank robbery. Why did the State try this case? She said she thought it was the right thing to do and that she could make it. In my honest opinion, this was a tragic waste of taxpayer time and money. When you have a bad police officer and no evidence with a client who has never been arrested and it’s only a 0.09, you do the right thing and dismiss it. Client was a medical researcher and his entire career was on the line. Thankfully the jury was able to see the absolute lack of evidence in this case and gave him his life back. This made my 3rd DWI not guilty in 4 business days, a new personal record.

.16 BREATH TEST!!!! Client was pulled over on her way home from work at the Colorado. She was pulled over for speeding on the feeder. HPD officers administered the SFSTs at the scene. The State attempted to show how noticeable HGN was by using a demonstration. However, the demonstration backfired when I was able to show that even the sober set of eye indicated intoxication. Client looked ok on the walk and turn and the one leg stand. She consented to a breath test and blew a 0.16. We hired Ray McMains who used to be a technical supervisor for DPS for 14ish years. He actually wrote the black mamba software to manage all of the test results. He was able to show that her machine was only performing at a 57% confidence interval when it was supposed to be 99.7%. The jury was disgusted with HPD breath testing and sent back a Not Guilty verdict in 20 minutes demanding better forensic science for the citizens of Harris County. The problems continue with HPD lab. Thank you to the jury for giving the client her life back. They sent her home to her husband, 8 year old daughter and brand new 6 week old son.

.14 BLOOD TEST!!!! Client was pulled over in Ft Worth after an off duty police officer observed him driving erratically on the freeway. The arresting officer followed the client from a gas station and saw him weave once. Our question which the jury wanted to know was: if he was so dangerous and erratic, why did you let him drive from the gas station? Client pulled over safely and timely. Client allegedly showed 6 clues on the HGN, but every officer says that. The client looked ok to normal on the walk and turn and one leg stand. The jury said it was understandable how scared he was with 3 officers standing around watching him. He consented to the blood draw, but ultimately the blood was suppressed and the jury never got to hear about it. The State did not produce the blood draw nurse. The State brought in case law that it wasn’t hearsay and they only needed the first and last person in the chain of custody. The smart Judge recognized that I wasn’t objecting to that, but rather the third prong of Kelly and that the technique was not proven to be properly applied in this case. The State still pressed on and would not offer anything. We rested right after them and the jury came back within 25 minutes with a Not Guilty. Now the client plans to propose to his girlfriend that this nightmare is over. Thank you to the jury for your just verdict.

.11 BLOOD TEST!!!! Client was driving on 610 North when she was cut off and had a tremendous accident after driving off the freeway and hitting a telephone pole. She was unhurt and denied medical treatment. Nothing in the HFD records about her being intoxicated. However, DWI Task Force made the scene and put her through the Standard Field Sobriety tests. The jury was able to see that even sober eyes can appear intoxicated and jerk on the DAs own demonstrative aid. Client looks very good on the One Leg Stand and Walk and Turn. She asked for a lawyer when they asked her to submit a breath test. The officer went and got a blood sample. Her blood was a 0.11 four hours after the accident. Our forensic toxicologist, Amanda Culbertson explained to the jury why they should not trust this blood and how HPD Crime lab is currently under investigation by the forensic commission. The jury made the just decision and returned a Not Guilty verdict in about 30 minutes. The jury said they did not trust the machine and they don’t know why the State even tried this case with this type of evidence. Client is graduating from dental hygiene school and got her life back. We had to wait over 500 days for this jury. Thank you so much to the jury for giving her life back and making the just decision.

.22 BREATH TEST!!! Client was pulled over in her drive way after driving all the way from the Rodeo to her house in Kingwood. Allegedly she cut someone off and was followed home. It just didn’t make sense. She was a 60 year old woman that looked good on video. The blood result didn’t make sense and resulted in a disconnect defense. The Judge issued a directed verdict of Not Guilty when the State couldn’t wheel the client. But speaking to the jury afterwards, they were clearly upset at the poor investigation done in this case. Thank you to the Judge for making a right call and following the law on a tough case. The Judge showed tremendous courage and fairness.

0.24 BLOOD TEST!!!! The Friday after Thanksgiving 2013, Client worked on her master’s thesis all day. She went to meet a girlfriend at a bar and ordered some tacos for dinner. It’s important to note that client is a diabetic. Just before midnight a friend buys them a Fireball shot. Client drinks it, not knowing the amount of sugar it contained. She felt bad on her way home and began driving herself to the medical center. She pulled her car over and was found passed out behind the wheel. The evidence showed the officers arrested her in under 4 minutes. The station video showed her non-responsive. Three hours later the blood video showed her coherent and normal. Yet, the State wanted the jury to believe client was a 0.24 blood alcohol concentration at the time of the blood draw. It didn’t make sense. Luckily, we were able to pull her medical records from the jail, 6 hours later, that showed her blood sugar at 333. Client was obviously experiencing a diabetic episode and not intoxicated. The jury returned the just verdict of Not Guilty in only 13 minutes. Client was a practicing lawyer ad her career and life were on the line. The jury understood the science and demanded better forensic evidence from the State of Texas. Thank you to the jury for standing up and protecting your fellow human being.

0.158 BLOOD TEST!!!! Client was pulled over for driving with no light on at 2:45am on a Saturday on Bellaire Boulevard. He wasn’t speeding, weaving, or failing to signal. He pulled over safely and timely. The car was his mother’s so he was not used to having to turn on the lights and thought they were automatic. The scene video showed that the female HPD officer called for back up for officer safety while the client was being very polite. She arrested him because he argued with her that he was not intoxicated. The station video also showed the client acting very polite and standings still. The 19 year old client was scared and asked for an attorney. The state got a blood search warrant and took his blood. HPD blood lab tested it at a 0.158. Our expert, Amanda Culbertson, was able to show the following errors in the HPD blood test: pipettes out of calibration, known standards out of calibration, cracked vial, the machine labeling chromatograms as 2017 and mislabeling vials. And this was just one run! HPD analysts watched Culbertson testify and could not state anything she said was untrue. The jury took 21 minutes to deliver a just verdict. I hope this jury is very proud of their verdict and this firm will soon be sending out a blog on all the problems going on with HPD blood lab. This courageous jury stood up for the citizens of Harris County and demanded better forensic science. Thank you so much, we need more jurors like yall.

0.146 BREATH TEST!!!! Client was pulled over after speeding on Richmond for only 13 mph over the limit. The HPD offense report was riddled with drastic inaccuracies, typos, and mistakes. Several questionable mistakes in the report combined with dispatch records made the reasonable suspicion questionable. According to the report the Client performed exceptional on the SFSTs and his demeanor, attitude and presence on the scene was that of a completely sober individual. However, the testimony on the stand was the exact opposite. Cross-examination of the officer revealed there was no credibility regarding his testimony to the events under direct-examination and that the offense report should be the most reliable source to refresh his memory. An offense report, which in this case, made our client appear to be perfectly normal. The breath test came back at 0.146. Through cross-examination of a State’s expert witness, the jury saw the real truth behind the Intoxilyzer 5000. The jury acknowledged the machine was behaving in an unexplainable manner that defied common sense. The State’s expert tried to down play all of the statistical anomalies, but the jury was able to see the bias beneath her testimony. At the end of the day, the jury trusted in their common sense and not conflicted testimony and unreliable forensic science. Thank you to the jury for their courage in standing up for the people of Texas and demanding reliable and accurate forensic testing. (Metzger was 1st Chair, Thiessen handled Technical Supervisor)

0.176 BREATH TEST!!! Client was pulled over after leaving midtown. He was pulled over by two officers after the officers observed our client “assaulting or possibly kidnapping” his friend. Client is a local Muay Thai Coach and international Muay Thai Champion. In reality, our client and his friend (UFC Middleweight fighter) were helping an intoxicated friend into the back seat of their car. However, none of this was in the offense report. The report was filled with inaccuracies and contradictions as to why they were pulled over ranging from running a left turn signal to driving up the wrong way of the road. Evidence obtained from the officer’s dispatch records and testimony from another officer present on the scene starkly contrasted with the stopping officer’s testimony and report. The client was subsequently yanked out of the vehicle, given a 10 second HGN and OLS, which he performed perfectly and then arrested. Officer testimony was mistaken about these facts, and what set him free was a cell phone video taken by MMA Middleweight, which showed what really happened. The breath test result was a .0176; however, the video showed a completely sober gentleman who aced the Standard Field Sobriety Tests. Through corss examination the jury was able to see the biased nature of these tests and the contradictions in the evidence. Additionally, after hearing about the Intoxilyzer 5000, the jury was furious with the evidence and demanded reliable forensic evidence for the people of Texas. The jury returned the just verdict of Not Guilty after 25 minutes and told the DAs office that they did not believe the officers or the forensic evidence. Thank you to the jury for their courage to stand up to the government and demand better investigation and science. Please forever remember your verdict and the day you gave a young man his life back. The jury should be very proud of their verdict. (Metzger was 1st Chair, Thiessen handled Technical Supervisor)

0.119 BLOOD TEST!!!!! Client was asleep in the middle of an intersection in midtown. When HPD knocked on his window, he put his car in drive and drove for approximately 25 block through midtown and into downtown Houston. He pulled over voluntarily and police pulled weapons and performed a felony traffic stop. Client stated that he pulled over when he saw an officer’s lights on behind him. It was agreed that he did not speed, run any red lights, fail to signal lane changes while “evading police.” Client was never charged with evading, because he wasn’t evading. The facts supported our defense that he was just asleep and did not see the police, as opposed to wasted drunk and passed out. After client was handcuffed, a Sergeant with HPD performed the HGN test on the client. The Sergeant testified under oath that he looked for distinct and sustained nystagmus first and messed up on the prescribed timing of the HGN. This same Sergeant also testified that marijuana caused HGN, it does not. And muscular sclerosis caused HGN, it does not. I tried to give the Sergeant a chance to admit he makes mistakes, but he wouldn’t, and was adamant he is always right. So I asked him: “Are you just as sure he was intoxicated, as you are about the timing / marijuana / MS?” He answered yes without hesitation. I then used the HPD DWI task force officer to bring the truth to light. The Jury hated the Sergeant. The DWI task force officer was knowledgeable and did his job. Client really never stood a chance once he was pulled over, handcuffed and then given a bad test by the Sergeant. The DWI task force officer just took him to the station and put the tests on video. The client looked good on video and the Jury agreed no loss of mental or physical faculties due to intoxication. Then they withdrew his blood and the result was received in evidence of a 0.119. HPD blood lab has lots of problems and the jury got to see them: pipettes failing calibration; improper method being used; State analysts unwilling to admit they made a mistake; analysts never watching the video; nonsensical Widmark estimation, and not being able to testify to intoxication at the time of driving. Ultimately, the Jury made the just and right decision and found the client Not Guilty. The State absolutely cannot prove a blood test case beyond a reasonable doubt with the state of testing in Texas. This is why we need an independent lab, free from police and DA bias and coercion. This was the client’s first DWI and he fought it for a year. Thank you to the Jury for standing up for the citizen. Thank you, thank you, thank you for your courage.

0.184 BLOOD TEST!!!!! Client is a new Texas resident by way of California. He went to see the NBA All Star game when if came to Houston. On his way home, we was pulled voer driving west bound on I-10. The video showed the officer’s lights turn on around the Washington exit; however, the client could not exit Washington/Wescott and did not want to exit onto 610, so he exited at Silber. The HPD officer pulled his gun and effected a felony traffic stop on the client. The client was an Indian male with a beard; however, the Officer stated it was because the client didn’t pull over timely that he chose to perform a felony traffic stop. The client got out of the car turned around and got on his knees, the Officer then came and forcibly man handle the client because the client “tensed up.” Please note, this Officer has a very short fuse and I have personally gotten into it with him at an ALR. He is one of the police giving others a bad name. Client was arrested and another officer made the scene. Client told that officer he had ACL surgery on his knee 5 weeks prior, and we had medical records to prove it; however, the Officer still made him walk a line and stand on one leg. When confronted with why he didn’t perform tests that don’t involve the legs, he replied that he didn’t have to, those were optional. The client was taken to the station and never refused a breath test. The client kept asking, why was I pulled over? And neither officer would tell him it was for speeding, allegedly. The client refused blood due to his religious preferences, but the police still withdrew his blood. The analyst testified that she has only worked for HPD for 2 years, and only 3 months at the time. The analyst testified she never made a mistake and would not even imagine that she could have possibly. The analyst testified and had to concede that the pipette used in this case failed calibration when tested by an independent laboratory and has never been put back in to use.

The analyst further testified that the method used in this case was different than what was certified by ASCLD. The jury in the end, found the client Not Guilty and refused to believe the accuracy of the blood test. The jury went on to tell the DA, this is why Houston needs an independent laboratory so that you don’t have any conflicts of interests or biased witnesses. The jury saw through the State’s case and made the just verdict.

Client was pulled over for speeding (76) on I-45. The Trooper stated the client increased speed to 95 after she passed him, but the facts did not support that, i.e. client wasn’t evading and the Trooper wasn’t freaking out about her speed. Client pulled over safely and timely, rolled down the window and said “no” when asked if she was in a hurry. She was immediately then asked to step out of the car. Oh, forgot to mention this was Montgomery County, Friday night/Saturday morning at 230am. Trooper put her through the HGN test. The jury luckily understood this was “trust me” results. Client of course scored all 6/6 clues on the HGN. The client also scored 8/8 on the Walk and Turn and 3/4 on the One Leg Stand. Yet, she looked pretty good on the video. She refused the breath and blood tests. Thankfully I had a smart jury who understood the law and followed the law. The jury and I agreed that the Officer had probable cause to arrest the client. However, the State simply did not have enough to prove this case beyond a reasonable doubt. In fact, one juror dais the state didn’t even have 51% (preponderance of the evidence). I have to thank the jury for following the law and rendering justice in their Not Guilty verdict. Montgomery County is a very aggressive County for DWIs. But I think the jury saw today how just having one drink of alcohol gets you stuck in the justice system. Thanks again to the Jury.

Client was a 60 year old Vietnamese man. He worked all day at his son’s restaurant and was on his way home at 230am. He had two beers before getting off work. He was pulled over for failure to maintain a single lane, which was iffy at best. The video showed that he crossed the shoulder lane once and then touched the lane divider causing the officer to turn on his lights. Client pulled over and was taken off the freeway to perform standard field sobriety tests. The client could barely speak and understand English. We needed a translator at trial for him. It was more like charades out there. Additionally it was very cold and windy. The officer was extremely argumentative with me on the stand. In fact, the jury commented on how biased he was during cross examination. But I held him down and fought for him to answer my questions. In the end the officer testified that he could not rule out age, weather, language barrier, nervousness, or injuries as possible excuses for any loss of mental or physical faculties. The officer then read the DIC24 form asking for a sample of his breath so fast that the translator couldn’t even start translating. In the end, the jury followed the law. They said it just wasn’t proven beyond a reasonable doubt. It was the just and right decision. They gave him his life back and sent him back home to his family. After trial was over the Judge informed them that he had a prior conviction for DWI in 1995. And they all agreed that the police officer probably saw that, put him through all the tests and arrested him because of it. It’s shame, but police do that, sometimes. I gave to thank the jury for following the law and sending him home. He will forever be indebted to y’all.

Client was pulled over for going the wrong way on Franklin right in front of the court house. Two Houston Metro police officers pulled him over and threw him in handcuffs in 2 minutes. These officers were terrible witnesses and embellished their stories, i.e. they could smell alcohol on the client from 3 feet away standing over Buffalo Bayou and stated it was “quite pungent.” I bet it was. The called HPD DWI Task Force to examine the client. After sitting in handcuffs for 24 minutes, the client refused all tests and did not want to discuss his evening. Understandably. The client was very coherent, but argumentative. Of course DWI Task Force arrested him for alleged strong odor of alcoholic beverage and red blood shot eyes. The client was the son of a lawyer and did exactly what his mother told him to do. There was a blood test taken in this case, but since the DWI Task Force officer didn’t go get a warrant, he unreasonably and unconstitutionally drew client’s breath. The blood was suppressed before trial. The jury returned the just verdict of Not Guilty. The jury recognized that it is not, and should not, be illegal for a citizen to assert their constitutional rights. We as citizens don’t have to prove our innocence or prove we are not intoxicated. The client did exactly what I recommend to my friend and family: refuse the tests because they are easy to fail and refuse any chemical test because Houston’s forensic science is not accurate nor reliable. The client trusted the jury and not HPD DWI Task Force. And the DA could not reward his noncompliance so they had to try it. But, it’s not illegal to be noncompliant either. Thank you to the jury for seeing justice was followed.

0.194 BLOOD TEST!!!!! Client was pulled over on “no refusal” Labor Day weekend for speeding. While out on the scene you can see 5 other police cars stop motorists. Essentially, the client drove right through a hornet’s nest. He looked great on the Walk and Turn and One Leg Stand. How does a client score every clue on the HGN, but not on the OL or WAT? Of course the Trooper stated that he failed the Horizontal Gaze Nystagmus test because they always say that. Trooper arrested him and took him down to the station. Client was a Navy veteran who suffered from PTSD after fighting in Iraqi Freedom and Enduring Freedom. He refused to submit blood and the police physically restrained him on a gurney while he’s screaming about PTSD. One Dickinson police officer in the blood room remarked “You’re in my world now, boy.” And another of Dickinson officer said “I hope this is a felony.” The blood test was tested by DPS lab in Houston. The maintenance records showed the machine was overhauled 3 separate time within 6 months of the clients blood. The analyst also explained the errors I found as “typos” and “glitches,” or even “I don’t know.” Bottom line, the client looked good, never even asked to go to the bathroom, and the machine could not be proven reliable or accurate. The jury made the just verdict and sent him home with a Not Guilty. I have to thank the jury for following the law. It is absolutely impossible to prove a case beyond a reasonable doubt when the client looks so good with such a high score. Either the client’s body defies the laws of science or the machine is wrong.

Client was pulled over Christmas week for an illegal u-turn that the police often stake out. Pulls over and the officer smells the burnt odor of marijuana in the car. Client admits to drinking. Performs the field sobriety test fine for him, considering his past medical history. However, once arrested begins crying for an hour. During his emotional tirade he tell the officer “I’m sorry I drove drunk.; Why don’t you just punch me in the face and leave me on the side of the road; can’t I just buy you dinner and you can leave me there and say I’m lost?” Pretty damning statements, but the jury understood, after my closing argument, people will say anything when that emotional. The Trooper found marijuana in the glove box but let the passenger go. The entire time my client denied the weed was his, because it wasn’t. The passenger is actually serving time right now for possession. State tried a good case but the Trooper was terrible. He compromised all of his tests, was an advocate rather than an unbiased witness and when asked “that white powder wasn’t cocaine?” He replied, “I wish it was.” This kids never stood a chance. And the Trooper even agreed with me when I asked him that!! State still hasn’t dismissed the possession of marijuana against my client but that’s probably because they are a little chapped about this Not Guilty on the DWI. They did offer deferred, but we ain’t pleading for something we didn’t do. Round two coming up soon…

0.199 BLOOD TEST!!!! This makes the third Not Guilty this year for me where the blood test came into evidence and the jury returned a verdict of Not Guilty. The client was pulled over on 290 for doing 85/60. He pulled over safely and timely. Three officers stated that he did not smell like alcohol. And the client denied drinking any alcohol. They gave him standard field sobriety tests on the side of the road but did not video tape it. Through cross examination I was able to show possible problems and how easy the tests are to fail. So all we had was the huge blood score. We crossed the nurse and she did ok, except that she drew the blood improperly. I then crossed the analyst, who the State flew in from her new job in Colorado. I got her to admit that her worst fear was switching vials. And that she had never done it “to her knowledge.” Client could not afford an expert, so I reviewed the 862 pages of documents they gave me. Two people in the sample batch run were 0.000. I asked her what was the likelihood that (1) she switched vials with a 0.000; (2) the client actually denied drinking and didn’t smell like alcohol; and (3) it landed in the lap of a defense attorney who knows blood testing. “Million to one” was her answer. It was the perfect storm! Also, client’s blood vial was cracked, yet not one piece of documentation on who, where, when, how or why. We couldn’t afford an expert and went straight Disconnect Defense. The jury understood that what they saw on the video at the police station and the blood draw station did not match the absurd number the State was relying upon. I crossed the expert using retrograde extrapolation to commit, that for his number to be right, the client was a 0.27 at the time of driving. That’s consuming 17 beers!! And he never asked to use the restroom once? The jury got it right. Huge reasonable doubt. Thank yall for sending him home and giving him his life back. It brought him back to his grandma and his girlfriend. Beautiful result.

Client and his wife were on their way home from Big John’s Ice House in two separate cars when she got pulled over for no headlights. Both ended up being clients and the husband went to trial after the wife took a deal to get her case dismissed. So husband pulls over and meets an HPD Officer who had quite an attitude on the stand, so I can only imagine how they got along with no one watching. HPD calls DWI Task force and starts the snowball. Husband is very upset and concerned about his wife. He doesn’t really pay attention to any of the standard field sobriety tests. The officer had no choice to arrest him. Then another DWI Task force sergeant comes over and asks husband for a sample of his breath. Husband replies: ”kiss my ass.” There was a lot of cursing on the husband’s part but exhausted and angry IS NOT intoxicated. The jury took pictures with the Judge and lawyers afterwards. They also all requested my business card. Officially a ”kiss my ass” NOT GUILTY!!!

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!!!

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 into 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.

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 likable 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 girlfriend 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 an 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 2:15 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.)

Client was charged with beating up a fellow party goer at a Light in the Heights after party. Client was an ex-TCU and Tennessee Titans football player (and a friend of mine). He and his girlfriend were winning at pool when the complainant moved the 8 ball. An argument ensued and my client’s girlfriend walked to the bathroom. Client went to follow her. As he did, the complainant followed him down the hall, referring to his girlfriend as a “b*tch” and telling my client to “F off.” My client turned around and the complainant chest bumped him. My client had suffered many concussions through football and wasn’t waiting for the first punch to knock him unconscious, so he struck first in self defense. Split the complainants eye and nose with one punch. Also bruised complainant’s groin. Jury found client acted in self defense. It’s the same story in every fight, you lose and get beaten up or you win and get sued or charges pressed. Jury made the right decision. Maybe the complainant will stop going around and cursing people and their girlfriends. He had no idea who he was messing with. Thanks jury for holding him accountable for running his mouth.

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 my 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 charged with DWI as he sped down the street. Client and I went and ran the scene. It was impossible the way the officer stated and I was gunning my sports car and the client drives a truck. Again, it was a DWI Task Force officer who pulled over my client after midnight. That is usually a one way ticket to jail. Thankfully the jury listened to us and realized the officer was being overzealous. The jury did not think the officer was credible and reflected in their verdict.

Client was pulled over after midnight by a Trooper in Montgomery County. It’s a very hard county on DWI. Client admitted to coming from a friend’s house and having a few beers. However, the client acted “weird” on the video. It wasn’t until I really got to know him, through representation, where I realized he is shy and quiet and does not react well with authority. We had to let the jury see his true colors. As expected, the DA attacked my client, and he instinctively shut down. I just wanted him to be real on the stand and show the jury who he truly was. He held his own for a awhile, and then retreated when the pressure got to much. He’s normal for him, not intoxicated.

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 going the wrong way on a one way street at 7am in downtown. We went out to the scene and realized the road was 2 way, then shifts to 1 way for only four blocks and then back to 2 way again. We also went to the apartment he spent the night at and did psychodrama to figure out how he was feeling when he left. Client had a previous broken back and slept on a futon with his contacts in. he was exhausted and in pain, but not intoxicated. Client did not look physically good on the scene video due to his unique injuries and the circumstances of that early morning. Jury got to know the client and made the right decision and sent him home.

Client was pulled over driving the wrong way down a one way street in downtown Houston at 5:50am 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. Nothing remarkable about this case, just the DA was gung ho to try and beat me in trial. No breath, no blood, no accident, nothing egregious. Jury thought it was a waste of their time and was upset when they heard the reasons for trial after the case.

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 traveled 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 flee 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 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 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! 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 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 was pulled over for speeding. Performed poorly on the SFSTs. Threw up in back of police car in transit.

Spanish speaker. Pulled over for driving down the wrong side of the road. Language barrier!

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 hit a gas main and looked terrible on video. But it was a ridiculous circus environment.

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.