Austin, TX
Criminal defense Lawyer at Austin, TX
Practice Areas: Criminal Defense, DUI & DWI
OUTCOME: Dismissed in the "Interest of Justice"
Officer misunderstood basic traffic laws, so he initiated a stop that resulted in my client being arrested for DWI. The "bad stop" was a clear violation of my client's 4th Amendment right to be free fr ... om unreasonable searches and seizures, so I filed a motion to suppress. Both the State and DPS in the ALR (license) hearing agreed and they were dismissed.
OUTCOME: Not Guilty--Less than 13 mins of deliberation
Client was stopped just after 9 pm for failing to signal intent. Trooper alleged client showed signs of intoxication such as a moderate odor of alcohol, slurred speech, and blood shot eyes. Trooper als ... o claimed client had trouble exiting the vehicle, keeping his balance, and that client swayed while he walked. Client explained he had been floating the river all day. Field sobriety tests were administered and Trooper claimed they were completed poorly and showed many "clues" or indicators of intoxication. Client refused to provide a specimen of breath or blood. The jury and I clearly disagreed with the position the Trooper and State took. In fact, in less than 13 minutes, they delivered the verdict of Not Guilty. During trial, I explained that my client looked sober, sounded sober, so common sense dictated that he was sober. The real tragedy was that he was arrested in front of family, had to spend a night in jail, dragged through such an expensive, and time-consuming process, in order to be vindicated.
OUTCOME: Not Guilty
Client arrested for DWI while on probation for 2 cases. Judge said she was going to give us very little time to figure out what we were going to do on the DWI. In the interim, she offered the maximum o ... n one of the probation revocations. She also made it clear that if we did a hearing on the probation revocations, that she would remand client to sit out the time in jail. With that understanding, we moved forward with the DWI trial.
OUTCOME: Not Guilty
Client was investigated for DWI after she high-centered a vehicle on railroad tracks, after a night on the town. A DWI enforcement officer responded to conduct standardized field sobriety tests. He cla ... imed to see a significant number of "clues" or indicators of intoxication, and claimed she almost fell forward onto the ground when she removed her high heels. She did not provide a specimen of breath or blood. I explained the client was unfamiliar with the poorly-lit area of downtown Austin (that has since erected barriers to prevent this type of problem with the RR tracks), was exhausted and had been wearing too-high-heels for too long. Jury agreed.
OUTCOME: Mistrial
Client stopped for speeding. Well known DWI enforcement officer conducted field sobriety tests and testified to 13 of 18 possible SFST "clues" or indicators of intoxication at trial. Client blew a .098 ... /.099 an hour later. Hung jury.
OUTCOME: Successful--Client is U.S. Citizen
Client's application for naturalization was wrongfully denied for lack of good moral character, specifically for failing to register for selective service. We were able to demonstrate the untimely regi ... stration was neither knowing nor willful. Yet, the appeal was still denied following a hearing (6/12/2009) with the District Director. In a letter dated 6/18/2009, the earlier decision was overturned and the application for naturalization was granted.
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