Posted on February 02, 2020 in Uncategorized

For many, having a few drinks is a common part of socializing. Whether you are out at the bar or over at a friend's to watch a game, knocking back a few beers come with the territory. While a designated driver is the best option, some motorists decide to sober up long enough to "be fine to drive." Unfortunately, many people over and under estimate the amount of time it can take for their body to absorb and metabolize the alcohol they have consumed. The end result is often an arrest for driving while intoxicated.

Estimating the amount of time you need to sober up is an inexact science. In fact, even the use of portable breathalyzers isn't trustworthy unless you are using a well-calibrated, professional-grade device.

Generally speaking, all alcohol will be eliminated in a blood alcohol concentration test within 12-24 hours, depending on the dosage amount. While arranging a ride or waiting it out provides the safest options, not everyone is able or willing to do so.

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 Posted on February 02, 2020 in Uncategorized

On February 5, 2020, 30-year-old Gregory Smith was arrested on three counts of intoxication manslaughter and two counts of intoxication assault by Harris County deputy constables. After his arrest, law enforcement announced he was out on bond for a previous DWI at the time of the crash.

The charges stem from an accident that occurred on Antione Drive near the North Beltway 8 feeder road in Harris County. All told, three people died and three were injured in the multiple-vehicle collision. The police report alleges that Smith was intoxicated when he ran a red light. In total, three vehicles were involved in the crash.

Witness reports allege Smith was traveling southbound on Antione when he ran the red light. Upon entering the intersection, his SUV struck a vehicle traveling eastbound on the feeder road. Smith's SUV careened off of that vehicle, only to strike a passenger van.

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 Posted on February 02, 2020 in Uncategorized

For years, advocates have pushed for mandatory breathalyzers for any motorist convicted of driving while intoxicated. These regulations are designed to prevent convicted drunken drivers from getting behind the wheel with any alcohol in their system. The premise is simple: a driver must blow into a breathalyzer attached to their vehicle each time they enter the car. If the driver fails to blow or registers any alcohol on their breath, the car will not start.

The system is far from perfect, however. There are countless stories of drivers coming up with creative ways to skirt these rules. Examples include blowing into the breathalyzer and then leaving the vehicle running or finding another person to pass the breath test for the intoxicated driver.

A new Kansas regulation is aimed at catching drunk drivers that convince someone else to blow into the breathalyzer for them.

Kansas' New Photograph Requirement

In January 2020, Kansas enacted additional requirements for their mandatory ignition interlock devices. Kansas now requires all interlock devices to include a built-in camera. This camera will automatically photograph the person as they provide a breath sample in the car.

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 Posted on February 02, 2020 in Uncategorized

Prostitution arrests are fairly common in Houston. Be that as it may, there is no guarantee these arrests will result in a conviction. With the right defense, it could be possible to beat a prostitution charge.

Developing a winning defense is possible, but it could be challenging without the guidance of a dedicated criminal defense attorney. This is because every case is different, and some defenses will not be effective in every case. Below, we discuss three of the strongest potential defenses to a prostitution charge in Houston.

Mistake

In some cases, police can make errors in judgment when deciding on when to make a prostitution arrest. These officers are known for making a rush to judgment when it comes to prostitution arrests, particularly in areas where prostitution is common. If a person has no intent to commit a sexual act for money, they have not committed the crime of prostitution. This is true even if the police discover them in an area known for prostitution or in a car with another individual.

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 Posted on February 02, 2020 in Uncategorized

Former Dallas Cowboy and Oakland Raider running back Darren McFadden was sentenced to four days in jail on February 20, 2020, in a Collin County courtroom. A two-time runner up for the Heisman Trophy, McFadden was arrested for driving while intoxicated (DWI) and resisting arrest in McKinney, Texas in January 2019.

According to media reports, McFadden was arrested after falling asleep in the driver's seat of a 2019 GMC Yukon in the drive-thru of a McKinney Whataburger. When employees inside the restaurant noticed McFadden asleep in the drive-thru line, they called police.

Upon arriving at the scene, police made contact with McFadden while he was still in his vehicle in the drive-thru. According to police, McFadden refused to exit his vehicle and a struggle ensued. During the course of the struggle, media reports suggest the driver's side window of McFadden's vehicle was broken.

After taking McFadden into custody, police charged him with DWI and resisting arrest. In the time since, the case has worked its way through the criminal justice system. On February 20, McFadden pled guilty as part of a negotiated plea bargain. McFadden agreed to serve four days in county jail as his penalty for the DWI conviction. In exchange, prosecutors agreed to dismiss the charge of resisting arrest.

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 Posted on February 02, 2020 in Uncategorized

In a conspiracy that spanned from the Houston area to rural Kentucky, a Texas-based doctor and his associates are facing charges of conspiracy to commit Medicare fraud charges related a series of kickbacks and false billing claims.

All told, the scheme involved an alleged $470,000 in kickbacks related to urine testing referrals from the doctor to the owner of the Texas laboratory involved in the scheme. If convicted, the penalties for all parties involved could include up to five years in federal prison per offense.

The Conspiracy

The conspiracy was fairly complex. Doctor Ghyasuddin Syed owned and operated a pain management clinic. The clinic was in a building owned by Syed and operated by his wife Shazan Behum.

Allegedly beginning in 2014, this conspiracy also included Texas businessman Uday Shah. Shah was the owner of a series of drug-testing labs located in Texas, Kentucky, Ohio, and Nevada.

The conspiracy allegedly involved Syed referring out urine tests to labs owned by Shah for testing. In exchange for this business, Shah made cash payments to Syed in a variety of ways. One of the methods used in the scheme involved Shah renting laboratory space in the building owned by Syed. Shah then used these rent payments in an effort to disguise the kickbacks. According to federal authorities, the space in Syed's building was not used as a lab by Shah, and the conspirators moved equipment into the building so that it would appear to be legitimate when federal investigators sought to interview the doctor.

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 Posted on February 02, 2020 in Uncategorized

The deferred action for childhood arrivals program, or DACA, provides legal status certain undocumented individuals that were brought to this country as children but have lived here most of their lives. While the future of the program is uncertain, court orders have held the system in stasis for now.

For anyone currently in the DACA program, they must comply with certain requirements and re-apply for the program each year. One of the most important requirements for DACA relates to criminal records.

A criminal conviction for a serious offense like a federal crime or a state felony is likely to result in the cancellation of a person's DACA status. The outcome of a conviction for a misdemeanor is not as clear. Not all misdemeanors are treated equally under the law. This includes charges of driving while intoxicated.

Significant Misdemeanors

Only misdemeanors that are categorized as "significant" will result in denial of a DACA renewal. Federal guidelines are somewhat broad on what defines a significant misdemeanor, other than it includes any crime that carries a penalty between five days and one year in jail. However, the guidelines do list six distinct types of offenses that are always treated as significant misdemeanors. DWI is one of those six offenses. This is true even if the resulting conviction does not lead to a jail sentence.

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 Posted on February 02, 2020 in Uncategorized

There is nothing new or novel about the crime of money laundering. For years, federal authorities have aggressively pursued attempts to conceal the illegal origin of money by those who obtain it. What is new, however, is the use of cryptocurrencies like Bitcoin to facilitate these illegal transactions.

In recent years, Bitcoin has become a popular avenue for money laundering. State and federal authorities appear to be taking steps to pursue those exploiting the anonymous nature of cryptocurrencies for this purpose. In 2019, New York made its first arrests for funneling millions of dollars in illegal steroid sales through Bitcoin before exchanging it for dollars.

What is Bitcoin?

To understand how Bitcoin could be used for money laundering, it is first helpful to understand how Bitcoin operates. Created in 2008 by an unknown person or group of people, Bitcoin rose to prominence as a decentralized digital currency. Transferring Bitcoin can be done using peer-to-peer networks, making the use of intermediaries like banks unnecessary.

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 Posted on January 01, 2020 in Uncategorized

After more than five months of litigation, WWE Superstar Jimmy Uso (real name: Joshua Fatu) was acquitted of driving while intoxicated charges in Escambia County, Florida. The trial followed an arrest outside of Pensacola, Florida on July 25, 2019.

Prior History

This marks a string of close calls for Uso, as this arrest was his third for DWI. To date, he has yet to be convicted of any of those charges. His previous arrests occurred in 2011 and 2013, all in the state of Florida.

These do not account for all of Uso's arrests. In February of 2019, he was also arrested in the Detroit area following an altercation with police during a traffic stop. Video of the stop shows Uso getting out of the vehicle driven by his wife after police asked to speak with her outside of the vehicle. Uso approached them aggressively and refused to heed their orders. Eventually, he complied after officers pulled their tasers.

In that incident, Uso was charged with disorderly conduct among other charges. He eventually pled no contest to a lesser charge and paid a fine. Jimmy's twin brother, Jey Uso, is also no stranger to these types of chargers. He was arrested for DWI in Texas in January of 2018.

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 Posted on January 01, 2020 in Uncategorized

Breathalyzers, a/k/a breath test machines, are known for inaccurate reporting. The equipment must be calibrated on a regular basis and the test must be administered appropriately but mistakes are often made. Even then, when no errors are present, the devices can still return a false positive.

Compounding this problem is now accusations of fraud, but not by persons you would think, like persons who have been charged with DWI due to faulty breathalyzers. Making the claims of fraud is the Michigan State Police Department.

This particular story doesn't take place in Houston or even Texas for that matter, but it still serves as a reminder that just because a breathalyzer renders a result indicating you are illegally intoxicated does not mean that it is true but does mean you should fight the DWI charge.

Police in Michigan Blame Fraud for Hundreds of Defective Breathalyzers

Lansing, Michigan and the surrounding area has the highest rate of DWI arrests and convictions in the state. By far, the majority of those cases have been built on breathalyzer test results that indicate a driver was intoxicated. Now, the state has accused the company contracted to test and calibrate these machines with fraud – and taken more than 200 of the breathalyzers out of service. Questions remain about how many of the thousands of arrests resulting from these breath tests were built on false readings.

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