Posted on October 10, 2019 in Uncategorized

Could law enforcement arrest you under suspicion of driving while intoxicated (DW) while you ride a horse in Texas? The idea may sound absurd, but in some states, a horse counts as a vehicle. Under current law, you could face arrest for DWI on a horse in Louisiana and Montana, among other states. It may not surprise you that horseback DWI arrests occur in Florida as well. So is it possible to get a DWI on horseback in Texas?

Can you Get Arrested for DWI on Horseback in Texas?

At first glance, it is easy to assume riding a horse while intoxicated would not qualify under the DWI statute. To be found guilty, you must have operated a motor vehicle on public roadways while intoxicated. However, the state's definition of a motor vehicle is vague. Texas Penal Code Section 32.34(a) defines a motor vehicle as:

a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

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 Posted on October 10, 2019 in Uncategorized

In the early morning hours of October 10, 2019, two drivers were arrested under suspicion of driving while intoxicated (DWI) following unrelated accidents. In an unusual twist, the collisions happened at the same spot, but several minutes apart.

Shortly after midnight, Houston police responded to the scene of a car accident on Interstate 10 at Kirkwood. According to the police report, a driver crashed into a stalled tractor-trailer on the shoulder of the Katy Freeway. Because of the risk of fire, law enforcement called in the fire department to secure the scene. When fire trucks arrived, they blocked a lane of traffic to protect the scene. During their investigation, police determined that the driver was intoxicated and placed him under arrest.

While the fire trucks were still on the scene, a second driver approached at high speed, before crashing into one of the fire trucks. Law enforcement also suspected the second driver was under the influence of drugs or alcohol. The police arrested the second driver as well.

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 Posted on October 10, 2019 in Uncategorized

According to data provided by the Harris County Sheriff's Office, there have been more than 10,000 DWI charges filed in Houston this year alone. The records also reflect a 74 percent increase in DWI arrests compared to the previous year. This number averages to more than 40 DWI arrests in Harris County every day.

At first glance, it might seem as though the nation has plunged into a DWI epidemic after years of declining DWI numbers. However, there is little to suggest this is the case. In the last ten years, the rate of DWIs in Texas has declined by more than three percent, which is consistent with the national trend of declining DWI rates.

Another possibility is that the pressure on law enforcement to enforce DWI laws has pushed officers to make arrests that were unwarranted. There are several ways in which wrongful DWI arrests could occur.

Wrongful DWI Arrests in Harris County

Innocent people face criminal charges on a daily basis. While most focus on wrongful convictions of crimes like murder, the reality is that there are likely more wrongful DWI arrests than any other charge. There are a few reasons why these wrongful arrests might occur.

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 Posted on October 10, 2019 in Uncategorized

A College Station, Texas phlebotomist was arrested on October 12, 2019, after leaving work allegedly under the influence of alcohol. The erratic behavior in this case suggests more to the story than just alcohol intoxication, but a conviction for driving while intoxicated in and of itself could be career-ending in some cases.

In the afternoon of October 12, 32-year-old Jennifer Vann was reportedly intoxicated at work at her lab near Longmire Drive. According to police records, Vann removed her clothes while at work before exiting the facility. From there, she reportedly entered her vehicle and sped away.

The police report reflects that an on-duty officer witnessed Vann swerving in traffic moments later, nearly striking a curb. When the officer attempted to pull her over, she initially refused to stop. According to the report, she allegedly continued driving until there were police officers following her and one specifically driving next to her attempting to pull her over.

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 Posted on October 10, 2019 in Uncategorized

After years of development, researchers with the University of Pittsburgh have announced the development of a marijuana breathalyzer. If this device becomes accepted by the courts, it could have a significant impact on the rates of DWI drug charges.

The device operates like a standard breathalyzer. The subject simply breathes into the device, which gives the operator a reading. Instead of detecting alcohol on your breath, this device claims to detect THC – the psychoactive component in marijuana.

The Drive to Discover a Marijuana Breathalyzer

There has long been talk among law enforcement regarding the need for a marijuana breathalyzer. To date, there has been no accurate method to identify if a person was currently under the influence of marijuana.

The process is complicated in part by the fact that evidence of marijuana stays in the body well after the effects have worn off. In many cases, a positive result materializes from drug use weeks before the arrest.

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 Posted on October 10, 2019 in Uncategorized

More than 60 cases – most involving drunk driving charges – were dismissed in New York this week after video evidence showed the arresting officer's testimony was "inaccurate." The prosecuting attorney was so concerned about the untrue testimony of the officers that she dismissed dozens of their arrests. Though this story refers to police officers in New York, it exemplifies what police are ready to do to attain a DWI/DUI conviction – especially here in Houston where corruption among police officers is rampant.

Here's what happened in New York.

The Arrest

The arrest occurred in Greenvale, New York in September 2017. Two officers pulled over the defendant driving a Volkswagen Beetle in a nearby parking lot. According to the officers, the defendant looked unsteady upon exiting the vehicle. The officers also reported and later testified to an arrest that seemed standard. The defendant was arrested under suspicion of driving while intoxicated and eventually registered a.09 blood alcohol concentration.

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 Posted on October 10, 2019 in Uncategorized

In the early morning hours of June 12, 2019, a group of friends in Montgomery County, Texas called it a night after an evening of drinking and sent for an Uber to get a ride home. A short time later, their arranged "sober" driver was in handcuffs, under arrest for suspicion of driving while intoxicated (DWI).

The friends ordered an Uber to pick them up from Golden Retriever Pub on Farm to Market Road 1488. Shortly after, an Uber driver named Elizabeth Warren picked up the three passengers to take them home. Shortly after leaving the pub, law enforcement officers reportedly witnessed her driving erratically. According to the police report, Warren was violating the speed limit and drifting across multiple lanes before being pulled over by police.

The police report went on to allege Warren smelled of alcohol when she first made contact with police. After allegedly failing field sobriety tests, the police report claims Warren told officers to "just put her in jail." This statement, in addition to the other evidence, provided officers with sufficient probable cause to arrest her for DWI. While an arrest might have been imminent regardless, a statement like "just put me in jail" can be interpreted by law enforcement as an admission of guilt. Whether you've been given a Miranda warning or not, everything you say can be used against you.

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 Posted on October 10, 2019 in Uncategorized

After years of legal wrangling between small-to-medium sized breweries and the powerful Texas beer distributor's lobby, the State of Texas has finally adopted a beer-to-go law. This new statute, which went into effect on September 1, 2019, now allows in-state breweries to sell their packaged products to go instead of only in their taprooms on the premises. While this was largely a battle between competing industries with eyes on Texas' lucrative beer market, some opponents questioned if this law would impact the rate of DWI arrests in the state.

To date, there is nothing to suggest that the additional option of purchasing beer to go at a craft brewery increases the frequency of drunken driving within the State of Texas. While it is too early to draw any conclusions about DWI arrests, this change in the law did little to impact the amount of alcohol purchased within the state. In fact, a case could be made that some consumers might shift from drinking at a taproom to purchasing packaged beer and transporting it home instead.

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 Posted on September 09, 2019 in Uncategorized

If you are arrested on suspicion of driving while intoxicated, your first court appearance is known as an arraignment. Your arraignment is your opportunity to announce to the court your initial plea of guilty or not guilty. While you have the right to plead guilty at your arraignment, it is never a good idea to do so. Below, we discuss the drawbacks of pleading guilty to DWI at your arraignment.

Your Fate is in the Hands of the Judge

At your arraignment, there are no plea bargains. Unlike in some cases, there will be no negotiated plea agreement. This leaves you with total uncertainty as to your potential consequences, given that the judge can sentence you to any penalty that fits within the statutory minimums or maximums. While a plea bargain is rarely in your best interest, pleading guilty at arraignment is never a good idea.

You Waive your Right to Discovery

At your arraignment, you will have limited information on the strength of the State's case. If you were to plead not guilty, you have the opportunity to engage in discovery. Discovery is the exchange of evidence to be used at trial. Through discovery, you or your lawyer get a relatively complete picture of the evidence against you.

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 Posted on September 09, 2019 in Uncategorized

On September 10, 2019, retired NFL quarterback Ryan Mallett was arrested under suspicion of driving while intoxicated in Northwest Arkansas. After a successful college career, Mallett played briefly for the Houston Texans during his NFL career.

According to law enforcement, Mallett was arrested in the early evening on a rural highway. Police stopped the former Texan after reports that he swerved into oncoming traffic, clipping another driver, and continuing on his way.

Once pulled over, Mallett allegedly tested at.081% blood alcohol concentration (BAC). The legal limit in the state is.08. The police report also alleges Mallett was swaying heavily, had bloodshot eyes, and smelled of alcohol. He also allegedly admitted to drinking before getting behind the wheel.

At the time of writing, it is unknown if Mallett is represented by an attorney.

Finding the Right DWI Attorney in Houston, TX

Whether you are a former quarterback or work a nine-to-five job, you have the right to legal counsel following a DWI arrest. However, not just any attorney will do. While there are hundreds of attorneys in the Houston area that hold themselves out as DWI defense specialists, not all of them will be the right fit for your needs. You need to understand how to separate skilled DWI defense attorneys from the pack. Here are some of the things to look for in a Houston DWI defense lawyer:

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