Posted on April 04, 2020 in Uncategorized

Ultimate Fighting Championship light heavyweight champion Jon "Bones" Jones is no stranger to fighting. Unfortunately, his next battle will be with the state of New Mexico following an arrest on suspicion of driving while intoxicated.

According to Albuquerque police, officers responded to a report of gunshots at approximately 1 a.m. on March 26, 2020. When police approached a parked, running vehicle they encountered the professional mixed martial arts fighter. The police report alleges that when Jones opened the door to the vehicle, officers observed him in possession of a handgun and a half-empty liquor bottle.

After making contact with Jones, the officers allege they noticed signs of intoxication. Jones denied firing the weapon but admitted to driving and drinking alcohol. He also submitted to field sobriety testing, which police claim he failed. Additionally, the report noted bloodshot, watery eyes, and the smell of alcohol coming from his facial area.

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 Posted on April 04, 2020 in Uncategorized

Law enforcement in Houston has made a strong effort to stem prostitution in recent years. In addition to more aggressive prosecution of prostitutes and Johns alike, the police have also stepped up their efforts to increase arrests so police departments can receive federal grant money. One of the tactics they rely on is known as a sting operation. Police need arrest numbers to justify the federal grant money law enforcement will receive. Police will scoff at the notion of a quota-based system, but receiving grant money is specifically based upon performance, i.e., arrest numbers.

To meet these performance-based arrests numbers, police engage in sting operations that are a deceptive trap set up to capture both prostitutes and those who solicit them. But are they legal? Many of these stings result in mass arrests over the course of several days. But does the use of deception in these operations result in entrapment? After all, entrapment is one of the strongest defenses in a Houston prostitution case. Below, we discuss when these sting operations cross the line into illegal entrapment. Many unwitting citizens looking for a companion find themselves the victim of a law enforcement entrapment scheme when all they were searching for was a legal massage.

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 Posted on April 04, 2020 in Uncategorized

In a previous blog post, we discussed the potentially exculpatory evidence that might be contained in police body camera footage. However, this is not the only type of video evidence that could be useful in your driving while intoxicated (DWI) case.

While many DWI stops take place on the side of a quiet road or residential street, many of these interactions occur in front of busy commercial businesses. In fact, it is not uncommon for drivers to pull over into the parking lot of a business during a traffic stop. When the stop or ensuing field sobriety tests occur at or near a private business, it is possible that security cameras recorded the entire incident.

While this footage could be important to your case, obtaining it is not as straightforward as asking the prosecutor for a copy. In many cases, the police may not even be aware the video exists. An experienced DWI defense attorney could not only help uncover this video but obtain it on your behalf.

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 Posted on April 04, 2020 in Uncategorized

As we have discussed previously, Texas is one of only a handful of states that does not legally permit the police to set up checkpoints to screen for drunken drivers. While most states allow the police to operate these checkpoints if they meet certain conditions, the practice is barred entirely in Texas. That does not mean all forms of checkpoints are illegal.

While state law prevents the police from operating random checkpoints for the purpose of investigating criminal acts, it does allow checkpoints for noncriminal reasons. One of those reasons is for public health emergencies like the current COVID-19 pandemic. While these checkpoints may not intentionally target criminal activity, it does not mean the police are barred from making an arrest if they find probable cause that a crime was committed during the course of the checkpoint.

Current Public Health Checkpoints throughout Texas

During the COVID-19 pandemic, the State of Texas has begun operating routine checkpoints on state highways. These checkpoints are part of an effort to screen drivers entering Texas from Louisiana that could have the virus. Any drivers entering the state from Louisiana are required by order of the Governor to quarantine for 14 days upon entry into the state. During these checkpoints, the police will also require motorists to complete paperwork that provides details about where in Texas the driver will quarantine themselves.

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 Posted on April 04, 2020 in Uncategorized

Following suit with jails across the country, Harris County is taking steps to release a large number of non-violent offenders due to the risk COVID-19 spreading in the jail. Not all non-violent offenders will be released, including some individuals convicted of driving while intoxicated.

On March 31, 2020, Harris County Judge Lina Hidalgo announced that approximately 1,000 inmates will be released from the Harris County Jail. According to Hidalgo, this drastic action is needed to ensure social distancing within the facility. Due to crowded conditions, Hidalgo claimed that the jail was a "ticking time bomb" for a coronavirus outbreak.

The process was thrown into confusion on Friday, April 3rd, when a judge ordered a halt to the releases. It remains to be seen if further releases will continue.

Cases of Coronavirus in the Jail

This action transpired after a Harris County inmate tested positive for COVID-19 in March. The inmate, along with two dozen others who showed symptoms, was quarantined within the jail. An additional 1,000 inmates that show no symptoms but have had contact with someone who has have also been quarantined. In total, there are 8,000 inmates in the Harris County Jail.

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 Posted on April 04, 2020 in Uncategorized

When it comes to investigating a charge of driving while intoxicated (DWI), the power of the police is not unlimited. They cannot simply pull over a car on a hunch that the driver is intoxicated. That does not mean the police cannot take aggressive steps to pursue drivers they believe are intoxicated.

Some police officers are known to target bars and entertainment venues in an effort to target impaired drivers. These officers will wait outside of a specific venue, follow patrons that leave the bar, and look for a reason to pull them over.

To some people, this might seem unfair. To others, it might even appear like entrapment. According to the law, however, the police are within their right to patrol near these venues. That does not mean witnessing a driver leaving a bar is enough for the police to pull a driver over, however.

Why Entrapment Does Not Apply

There is a common misconception that entrapment involves a police officer "trapping" a citizen committing a crime. However, entrapment only occurs when the police induce a person to commit a crime. In the case of DWI, a police officer would either have to induce the person to become impaired or operate a vehicle while under the influence of alcohol.

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 Posted on April 04, 2020 in Uncategorized

Anyone who has faced prosecution for driving while intoxicated (DWI) in Houston can tell you that the process is never easy. The stress of potential jail time and fines alone can weigh heavily on anyone. This process has only become more difficult during the COVID-19 pandemic.

The state of emergency declared by the Governor of Texas has thrown the state's judicial system into chaos. Hearings are being delayed and other cases are simply going unscheduled. Certain inmates face the possibility of early release from jail while others are waiting longer than normal due to the lack of court hearings. Below, we discuss a few of the important factors to consider following a DWI arrest during this challenging time.

Trials are on Hold

Any defendant expecting a trial for their DWI this spring might not get their day in court, as Harris County has canceled all jury trials from March through May 1. Each county is different, but these cancellations are common throughout the state. Any trials during that time frame have been postponed. These delays cannot be used against the state when calculating speedy trial time, either. In cases of a delayed jury trial, there is little a defendant in a DWI case can do but wait.

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 Posted on April 04, 2020 in Uncategorized

A Bryan, Texas man received a 15-year prison sentence on February 26, 2020, after his conviction for driving while intoxicated (DWI). This is the 17^th DWI arrest and conviction for Robert Ray, age 72.

The DWI arrest occurred after Ray was involved in a vehicle accident in September of 2017. The accident occurred on Texas Avenue in Bryan and allegedly involved Ray pulling out in front of another vehicle. When police arrived at the scene, Ray admitted early on that he was inebriated. The police placed Ray into custody, and the results of his blood alcohol concentration (BAC) reading was above the legal limit.

At his sentencing, the prosecution asked for the maximum sentence of 20 years. The court settled on 15, citing his extensive history of driving under the influence of alcohol. Ray must serve at least 7 ½ years before he could be eligible for parole. Even then, parole is never guaranteed, especially in habitual drunk driving cases.

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 Posted on March 03, 2020 in Uncategorized

There are many steps you can take to improve your chances of beating a driving while intoxicated charge. Refusing to make a statement to the police and declining to participate in field sobriety testing are possible methods to use to avoid incriminating yourself. Not all efforts to avoid a DWI arrest in Texas are in your best interest, however.

For example, on March 17, 2020, a New Jersey woman pulled over under the suspicion of driving while intoxicated lied about exposure to Coronavirus and purposefully coughed on police. According to the police, 28-year-old Lea Piazza was arrested by Hanover police under suspicion of drunken driving. The incident began when police responded to the location of a single-car accident. The responding officer reported smelling alcohol on the defendant. Eventually, she was arrested for DWI, careless driving, and reckless driving.

While officers attempted to process her at the jail, the woman repeatedly coughed on three members of law enforcement. After requesting that she stop, she allegedly claimed: "Oh, by the way, I have the coronavirus and so do you." Police immediately questioned her about the statement, where she claimed her boyfriend had been exposed to the virus while in a New York hospital.

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 Posted on March 03, 2020 in Uncategorized

A growing trend in law enforcement agencies nationwide is the mandatory use of police body cameras. These cameras are small video recorders worn on the chest of an officer called "body-worn cameras" (BWC). They are designed to record interactions between the public and the police. The police often rely on these videos to show an arrest was warranted or that they acted appropriately.

Like many major cities, Houston Police Department makes use of body cameras. While the city has an official body camera policy, it represents little more than a commitment to use them as frequently as possible. Because camera use is not mandatory, not every police stop or arrest will be on video.

Despite their intended purpose, body cameras can materialize as powerful evidence in a driving while intoxicated case – for the defense. Below, we discuss some of the ways body camera footage could help you beat a DWI charge in Harris County.

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