Posted on May 05, 2020 in Uncategorized

Law enforcement regularly claims their motto is to "protect and serve." This often means undertaking welfare checks on individuals that may be in distress. No matter the stated welfare intention of the officers, these welfare checks often result in the arrest of the person they are checking on. This was the case on May 6, 2020, when officers arrested a naked man asleep in his car for driving while intoxicated (DWI) after neighbors reported a man passed out in a car.

On the date of the arrest, deputies from the Harris County Precinct 4 Constable's Office responded to a call for a welfare check at the 6100 Block of North Sam Houston Parkway West. According to a statement issued by the Constable's Office, the responding officers noticed the man in the vehicle was completely nude. The statement went on to say that the officers witnessed signs of intoxication from the man – 53-year-old Houston resident Thomas Gorsuch.

According to the arrest report, officers ordered him to get dressed and get out of the car. The deputies claim Gorsuch refused to comply with their orders, ultimately resisting the officers when they attempted to detain him. After Gorsuch completed the standardized field sobriety tests, he was arrested for DWI and interfering with public duties.

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 Posted on May 05, 2020 in Uncategorized

After being arrest for DWI, many judges now require--and the law requires in certain situations--an ignition interlock device to be installed in any vehicle you drive as a condition of your bond while your case is pending. In the event you are convicted of driving while intoxicated, you can expect a series of hoops to jump through before you can regain your ability to drive in the State of Texas. One of these requirements is known as an ignition interlock device.

The ignition interlock device is purportedly designed to prevent an intoxicated person from starting their vehicle and driving. It requires a driver to blow into a device installed in their vehicle. The device tests their blood alcohol concentration and will prevent the vehicle from starting if it registers any degree of alcohol on the driver's breath.

A failed interlock device result could have serious repercussions that impact your ability to drive. If you are on a bond condition, a violation could lead to a bond revocation that sends you back to jail. If you are on probation, a violation could lead to a probation revocation that sends you back to jail. Unfortunately, it is possible for these interlock failures to occur due to a false-positive result.

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 Posted on May 05, 2020 in Uncategorized

As the result of a hit-and-run accident in Houston on Sunday, May 3, police have arrested a local man on charges of driving while intoxicated and felony murder. According to prosecutors, they have gone so far as to request that the court deny bail entirely.

According to the police report, 62-year-old Houston resident Jose Talamantes fled the scene of an accident at approximately 9:25 p.m. Sunday evening. The accident occurred on the southbound Highway 59 feeder road near Hillcroft Avenue.

Witnesses claim a Cadillac driven by Mr. Talamantes struck a vehicle that was exiting the freeway. The impact was severe enough that it ejected the other driver from the vehicle. The other driver – a 29-year-old man – died in the crash. Witnesses allege Talamantes fled on foot to a nearby house.

Police eventually made contact with Talamantes and allege he smelled of alcohol when they spoke with him. The police report claims Talamantes submitted to a blood alcohol concentration (BAC) test that shows he was above the legal limit. In addition to driving while intoxicated and felony murder, police also charged him with failure to render aid.

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 Posted on April 04, 2020 in Uncategorized

Following the outbreak of the coronavirus in the United States, the Department of Justice promised to take aggressive steps against anyone attempting to fraudulently profit from the pandemic. In March of 2020, the Justice Department took its first action against a Texas-based website selling a fake coronavirus vaccine.

This action was a civil injunction designed to shut down the website in short order. While the owner of the website is currently anonymous, the federal government has announced a wire fraud investigation into the perpetrators of the hoax. If convicted on these federal charges, the operators of the site could spend years in federal prison.

Texas Civil Action Against the Website

The initial enforcement effort taken by the Department of Justice was a civil action against a Texas-based website "coronavirusmedicalkit.com." According to the DOJ press release, the site was offering a fraudulent vaccine that the operators claimed was created by the World Health Organization (WHO). The WHO has no affiliation with the website, and no known cure has been discovered to date.

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 Posted on April 04, 2020 in Uncategorized

The COVID-19 pandemic and the "stay at home" orders that have come with it are impacting nearly every aspect of our daily lives. One unexpected development brought on by coronavirus fears and quarantine is an increased rate of domestic violence allegations in Houston and across Texas. This "fear" is directed toward the complaining witness, but there is another kind of fear, too: that many persons are being falsely accused.

Remember: when you are stuck together for a period of time and can't go out, tensions can run high. Mistakes are made... on both sides. Here's an overview of what's being said about increased domestic violence and what you should keep in mind if you are accused.

Is Domestic Violence Showing a Sharp Increase During Houston's Stay at Home Orders?

According to an investigation by the Houston Chronicle, there has been a substantial increase in domestic violence allegations based on the number of hotline calls and requests for emergency housing in the wake of the social isolation brought on by coronavirus in early March of this year. The Houston Area Women's Center saw an "unusually high" number of calls during the week of April 1, 2020. The number of requests for emergency housing was close to the center's maximum capacity of 120 residents.

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 Posted on April 04, 2020 in Uncategorized

Over the years, countless defendants in driving while intoxicated (DWI) cases have prevailed at trial thanks to inaccurate breath test results. Defense attorneys have had success showing a jury that failure by the police or a crime lab could have resulted in a false positive blood alcohol concentration (BAC) result.

There are multiple factors that could result in inaccurate breathalyzer readings. False-positive breath test results can occur due to mistakes made by the police. These errors are often related to the calibration of a breathalyzer machine. These machines are sensitive and can lead to wildly inaccurate results if not carefully maintained.

False positives can also occur thanks to the consumption of certain foods shortly before giving a breath sample. From Kombucha to sugarfree gum, these foods can have trace amounts of alcohol or cause chemical reactions that lead to a false positive. One food type that can cause a false positive you might not be aware of is honey buns.

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 Posted on April 04, 2020 in Uncategorized

Thanks to the Constitution of the State of Texas, you are entitled to bail following an arrest under state law. Like with many rights, your ability to obtain release from jail after paying a bail amount has certain limitations. While rare and uncommon, it is possible for the courts to deny bail to a person facing a charge of driving while intoxicated (DWI).

The good news is that the issue of bail is not decided with any finality. Even in cases where bail is initially denied, it is always possible to re-address bail with another judge. One of the valuable benefits an experienced and Board Certified Houston DWI defense attorney could offer is an understanding of common bail practices and experience with having bail requirements reduced.

While the denial of bail is unlikely in a DWI case, understanding the circumstances where it could happen could be valuable if you are facing such a charge.

The Right to Bail in Texas

Article 1, Section 11 of the Texas Constitution outlines the right to bail. While the Constitution provides that "All prisoners shall be bailable by sufficient sureties," it also outlines exceptions to this general rule. Section 11 makes clear there is an exception for any capital offense where the state can show a likelihood of conviction. Section 11a also highlights other exceptions that focus on felons with extensive criminal histories, sexual offenders, and acts of violence among other things.

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 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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