Pulled over in Richardson for speeding 80 mph in a 60 mph zone, and crossing a double white line to pass two slower moving vehicles. The officer testified that he failed all of the sobriety tests give...n, and refused to provide a breath test.
A video was made at the scene, and played in court for the jury.
DUI and DWI
State v Mark C.
Oct 06, 2008
OUTCOME: Not Guilty Jury Verdict
Defendant was found passed out behind the wheel of his vehicle at 3:05 am on a side street off of the Dallas North Tollway in Plano, Texas. The engine was running, his window was down, and there was p...uke everywhere. He refused to take a breath test.
Jury found him not guilty after 45 minutes of deliberations. CCAL 4, Collin county, Judge Ray Wheless.
DUI and DWI
State v Roger H.
Sep 15, 2008
OUTCOME: Not Guilty Verdict
Defendant was stopped for speeding on N. Central Expressway in Collin county. While he was perfroming sobriety tests, his female passenger opened the door and puked onto the shoulder of the road. The... defendant looked very unsteady during the sobriety tests, but he did not take a breath test.
DUI and DWI
State v Blake T.
Mar 11, 2008
OUTCOME: One Guilty Verdict, One Not Guilty Verdict
I don't win all of my trials, and neither does anybody else. This case is an example of getting the best possible result, even though you don't get a not guilty verdict.
The Defendant in this DWI ca...se was 19 years old, so he was not of legal drinking age. He was traveling northbound on Cole avenue in Dallas at 2:20 am. Cole avenue is a one way street - southbound only - at that location.
The defendant collided head on with another vehicle, causing minor injuries to both front seat occupants. The Defendant fled the location, still going north on the south only one way street. The police found him four blocks north of the accident site, passed at at the wheel with puke on the ground outside the driver's side window, and puke running down the door of the car.
The 19 year old defendant was found with a fake ID in his wallet, and a plastic "age 21" club bracelet on his wrist. There was marijuana on the back seat floor board, and a marijuana pipe underneath the driver's seat. The defendant provided a 0.19 breath test specimen - almost 2 and a half times the legal limit - even though he had already puked much of the alcohol out of his system.
The jury found him not guilty of the marijuana case, and guilty of the DWI. On the DWI, the jury sentenced him to back time and a fine of $2,000. So the Defendant spent no time in jail, and had no probation to deal with after the trial was over. The actual sentence was 10 days, but he had back time of 15 days.
DUI and DWI
State v JM
Mar 22, 2007
OUTCOME: guilty verdict, good sentence
This 23 year old DWI first offender male had been in an accident, and was driving at 3 am on a flat tire, dragging his rear bumper on the ground behind him. When asked by the officer about the back bu...mper, the defendant apparently did not realize that his back bumper was dragging on the ground.
The defendant took all of the field sobriety tests offered by the arresting officer, and it was all captured on video and played for the jury. The defendant looked awful on every one of the sobriety tests. He later took an intoxilyzer test at the jail and blew a 0.19 BAC. We felt going into the trial that the case would be extremely difficult to win, and we were right. The jury took just 9 minutes to convict him.
We had decided to go to trial primarily to avoid the defendant being placed on probation. We elected to go to the jury for punishment, and I had the defendant testify at the punishment stage. The defendant testified that "I have actually learned a lot from this DWI experience. Now I don't drive very often, and I never do after using recreational substances." Recreational substances! Yikes!
The jury gave him a sentence of 4 days and a $1,000 fine. He got credit for time served and just had to pay the fine. All things considered, I thought that was an excellent result.
DUI and DWI
State v P.C. (confidential)
N/A
OUTCOME: DWI Case Dismissed
My client had rear-ended another vehicle at about 1:30 am on the morning of March 29th, 2008. The police found him 45 minutes later at his home and accused him of leaving the scene of an accident. He... insisted that he drove home for his own safety due the the threatening actions and statements of the other driver.
My client was arrested and provided a sample of his breath, which produced a blood alcohol concentration of 0.14 BAC, nearly twice the 0.08 legal limit in the state of Texas.
After 5 trial settings, the case was finally dismissed. If anything, this case demonstrates that good things can happen if you set your case for trial.
Criminal defense
State v N.P.
N/A
OUTCOME: Case Dismissed
The Defendant was arrested for possession of marijuana in August, 2007. For no apparent reason, his first court date wasn't scheduled until January of 2011. We contested the case based upon the Defen...dant's Constitutional right to a speedy trial.