Posted on May 05, 2019 in Uncategorized

A private company has announced that it has come up with a way to detect THC, the active and hallucinogenic component in marijuana, on someone's breath. The development could be a game-changer for charges of driving while intoxicated (DWI) that involve marijuana in Houston and beyond. However, if handled poorly, it could also make an already difficult field of law even more challenging and unfair.

Company Claims to Have Developed a "Marijuana Breathalyzer"

The company is Hound Labs. It has claimed to have developed a portable device that tests a DWI suspect's breath for both alcohol and marijuana.

According to its website, the mobile testing device it has created can detect minute amounts of THC on a DWI suspect's breath – all the way down to 1 picogram of THC or a trillionth of a gram. Doing so would provide law enforcement with an "objective" way of determining whether someone is under the influence of marijuana or not.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

Several of our recent blog posts have covered the upcoming U.S. Supreme Court case, State v. Mitchell. The case deals with DWI law and the six exceptions to the warrant requirement and will likely build on the last DWI case that made it to the Supreme Court, Birchfield v. North Dakota, which showcased how implied consent laws have gotten out of hand.

Mitchell provides an excellent opportunity to rein in those implied consent laws and limit how police use consent searches to get around your Fourth Amendment rights.

Implied Consent Laws and Your Rights

Implied consent laws are statutes that attach a string to your right to drive. That string says that, by driving, you consent to a chemical test for your blood alcohol content (BAC) whenever a police officer requests you to perform one.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

A serious car crash in Houston could have been caused by driving while intoxicated (DWI). The case, however, highlights how unfair Texas' laws of intoxication assault and intoxication manslaughter can be.

Child in Serious Condition After Suspected DWI Crash

The crash happened just before midnight on Thursday, April 11.

According to the initial reports, an SUV with two children in the vehicle – one aged 12, the other 3 – slowed down on Highway 249 near Beltway 8. A trailing car with two young women in their 20s slammed into the back of the SUV.

The 12-year-old, who was in the front seat and was not wearing a seatbelt, was rushed to the hospital in serious condition.

Police said that the driver of the trailing vehicle showed signs of intoxication.

Felony Charges of Intoxication Assault and Intoxication Manslaughter

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

Robert Kraft, the owner of Kraft Foods and the New England Patriots football team, was recently arrested in Florida and charged with solicitation. Now, his defense attorneys are fighting to exclude a potentially incriminating video of him at the massage parlor. Their arguments, however, are surprisingly strong and have to do with Mr. Kraft's Fourth Amendment rights.

Patriots Owner Arrested and Charged with Solicitation

Mr. Kraft was arrested in February 2019, in Florida. He was accused of being one of the numerous people who frequented a massage parlor in Jupiter, Florida, and paid for sexual acts.

Rather than accept a plea deal that would have required him to admit that he would have been guilty, had the case gone to trial, Mr. Kraft and his defense lawyers filed a motion to exclude an important piece of the prosecutor's case – the surveillance video that showed him at the parlor.

Motion to Exclude Evidence Based on "Sneak-and-Peek" Warrant

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

A pair of developments in the solicitation case against New England Patriots owner Robert Kraft highlights how far prosecutors are willing to go to create a conviction.

Kraft's Lawyers File Motion to Exclude Video Evidence

We covered the setup for the new developments in an earlier blog: Defense attorneys for Mr. Kraft filed a motion to exclude video evidence from trial, claiming that it was obtained in a search that violated Mr. Kraft's Fourth Amendment rights. That search had been performed pursuant to a "sneak-and-peek" search warrant, which is usually reserved for felony-level offenses, not misdemeanors like the solicitation charge against Mr. Kraft.

Prosecutors Try Leaking Video to the Public

Undeterred by the motion, prosecutors at the district attorney's office said that they would release footage of Mr. Kraft and the 24 other men who were charged with solicitation to the public. Prosecutors claimed that the release would be for a pending case against the owners of the massage parlor but would depict Mr. Kraft anyway. They also claimed that they were compelled to release the footage under Florida's expansive public records law.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

The fallout continues from the botched drug raid in Houston back in January that left two suspects dead, several officers wounded, and the police union scrambling for answers. Now, multiple officers involved in the case have filed for retirement, while another has been relieved of duty. Nevertheless, they stand to collect their substantial police officer's pension.

Exodus of Officers Involved in Botched Drug Raid

The Houston narcotics officer who was responsible for the drug purchase that led to the deadly raid – a drug purchase that might not have happened – has filed for retirement from the Houston police force. Officer Gerald Goines was a 34-year veteran with, according to news reports, a 288-page personnel file that included lots of commendations and plenty of controversies, red flags, and written reprimands for shoddy evidence work in drug cases. Those problems led the District Attorney to order a review of all of Officer Goines' 1,400 drug cases, including a handful of currently pending charges.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

A famous actor has been charged with driving while intoxicated (DWI) after crashing his car into a utility pole. The news is all over the tabloids and contains an interesting detail that may confuse lots of people in Houston, Texas: He faces multiple charges for a single incident.

DWI defense lawyer Doug Murphy explains how this can happen.

Actor Crashes Car, Charged With DWI

The actor is Michael Madsen, most famous for his roles in Quentin Tarantino movies, like his portrayal of Budd in the Kill Bill movies and Mr. Blonde in Reservoir Dogs.

The incident took place in California, when, back on March 24, Mr. Madsen crashed his Land Rover into a pole in Malibu. No one was hurt in the crash, and Mr. Madsen's vehicle was the only one involved. Police apparently conducted a test for his blood alcohol content (BAC) and found him over the legal limit.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

A local Houston teenager is facing criminal charges after he was arrested for bringing a gun and drugs into a high school in his backpack.

Teenager Arrested for Having Gun and Drugs in Backpack

The arrest happened on Wednesday, April 25, 2019, at the Austin High School in Houston, Texas.

According to the initial reports, high school staff found a pistol and drugs inside an 18-year old boy's backpack and called the police. When the police came, they quickly arrested the boy.

The boy is now facing a criminal charge for firearm possession in a school zone, a third-degree felony that can carry up to ten years in jail if it leads to a conviction.

No drug charges have been filed, yet.

Why No Drug Charge?

The fact that the student has not been charged with drug possession, yet, could mean that law enforcement is still testing the substance that was found in his backpack. When suspicious substances are confiscated, and there are questions about what they are, police are supposed to treat it as potential evidence and have it tested in the lab – a process that can take a few days.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

It seems like there has been an explosion in the number of stores that sell hemp & CBD products in the Houston area overnight. Simply put, an important federal law changed the definition of hemp products, de-listing them from the Controlled Substances Act and legalizing many of them but not all of them.

Unfortunately, the new regulations are far from clear, and a misstep can lead to a serious charge of drug possession or even drug distribution.

What is Hemp?

Hemp is a fibrous and oily plant that is often confused with marijuana because it comes from the same species of plants. However, certain types of hemp plants have very low levels of THC – the active ingredient in marijuana that makes it illegal – and much higher levels of cannabidiol, a chemical that reduces the psychoactive effects of the existing THC.

Hemp has lots of uses. Its fibrous material has been used to make textiles, clothing, and even rope, while the cannabidiol in hemp can be infused in foods and drinks and is supposed to help alleviate a wide variety of medical conditions from nausea to chronic pain to PTSD, though scientific evidence is lacking.

Continue Reading ››

 Posted on April 04, 2019 in Uncategorized

A driver in Houston is being charged with a felony-level offense of driving while intoxicated (DWI) after she allegedly caused an accident that ended in a fatality. The charges are for intoxication manslaughter, an allegation that can lead to a steep jail sentence in Harris County, Texas, if it ends with a conviction.

Multi-Car Pileup Leads to DWI Arrest in Houston

The incident happened during the late night hours of Friday, April 5, 2019.

According to the initial reports, there was a car accident on the Katy Freeway near exit 766 that stopped traffic on the highway just after three in the morning. Another vehicle traveling on the Katy Freeway, however, did not stop in time upon nearing the congested traffic. The driver slammed into another car, which created a chain reaction that ended up involving four vehicles.

The driver apparently tried fleeing the scene of the crash, but was quickly apprehended by police. She was brought to the hospital for leg injuries sustained in the crash, where she was determined to be under the influence.

Continue Reading ››