Attorney David Lawrence Traylor's Legal Cases

Criminal defense

Speeding 106 in a 60 (or maybe it was 70)

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OUTCOME: Directed Verdict of Not Guilty

<h2>Speeding</h2> <h3>Traffic Tickets</h3> Not Guilty Won a jury trial in Carrollton on a tough speeding case. Client was 23 years old driving a Dodge Hemi Challenger 106 mph on the George Bush To ... llway (on an occupational driver's license.) I made a big deal about the officer not bringing in dashcam video but the real goal was to distract the prosecutor long enough to get a directed verdict. The prosecutor had failed to properly prove zoning. Carrollton might be the last place most lawyers would expect a judge to grant a motion for directed verdict. But the judge went out for about 15 minutes to review the tape and confer with the other judge before coming back and granting my motion. The judge told them they had the privilege of witnessing something very rare in our judicial system. It may be rare for them but it's not rare for me. The jury was at first confused and then pissed. But they followed the judge's direction and entered a plea of not guilty. Then they met me out front to express their anger. I explained the legal situation further but that didn't make them like it any more. One thing is certain; I'll take tough judges who are fair over soft judges who aren't any day!

Criminal defense

DWI - Accident

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OUTCOME: Not Guilty - Jury Trial

Client was a hard working man with a nice peaceful life. On the road one day he collided with a vehicle that turned in front of him, totalling his beloved sports car. He believed the other driver was a ... t fault. However, when police arrived they believed he was at fault (perhaps because of the sports car) and immediately began investigating our client for DWI. After informing officers of his bad leg and other health problems, he attempted the roadside sobriety tests. When it became clear the officer believed he had failed the roadside tests our client decided to refuse the requested breath test. We tried the case to a jury and they returned a verdict of not guilty.

DUI and DWI

DWI .22 Blood Test

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OUTCOME: Not Guilty

A 56 year old commercial truck driver came to us after being arrested for DWI. He told us he had to try to beat his case because his career depended on it. On the night he was stopped he had an open co ... ntainer (ice cold six pack with one open), admitted drinking, his blood tested at a .22 and he admitted taking multiple prescription meds, some which cautioned against operating heavy machinery or driving. He had four handguns in the cab of his truck and a loaded .32 semiautomatic in his back pocket as well as a disassembled rifle in a duffel bag. He also had hundreds of rounds of ammo (with hollow points and tracer rounds) in his vehicle. He was stopped in a high crime (prostitution) area late at night with a hundred dollar bill hanging out of his shirt pocket. Cross examination of the officer revealed problems with the stop and arrest. Our expert's testimony both explained the science of the blood test and demonstrated flaws in the state lab's procedures. Further doubt was cast by flaws in the state's paperwork and the fact that my client's performance on the video did not seem consistent with such a high blood alcohol content. Jury trial. Not guilty. Our client was able to get another job as a commercial truck driver and go back to his normal life.

DUI and DWI

DWI 3rd

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OUTCOME: Successful plea negotiation

Our client was already in jail accruing back time on a prior case and had a Texas Department of Corrections (TDC) hold as well. Her new DWI 3rd case was unresolved. Our client did not want to dispute t ... he new case, just wanted to minimize the amount of time it would cost her in jail and prison. We arranged for the minimum possible sentence for a third degree felony allowing client to serve the sentence concurrently with her other case. We also got our client credit for all backtime to greatly reduce the amount of time in custody and speed up her parole eligibility. Additionally, we asked the judge to run court costs and fines concurrently so client will not owe money when she's released from TDC. Everything the client wanted and more was achieved. Winning for the client is not always about winning at trial.

Criminal defense

Gun in bag at Airport security

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OUTCOME: No Billed by the Grand Jury

Client was a business traveler who accidentally left his revolver inside his duffel bag when he went through airport security. TSA found it quite easily and arrested him for "Places Where Weapons Prohi ... bited," a third degree felony. Yes, I know it sounds odd, but that is the actual name of the charge. We prepared a packet for the Grand Jury explaining the circumstances, promising it would never happen again, etc. Our focus was to demonstrate the 'non-criminal' nature of the incident by showing that it was an innocent mistake, that he was simply guilty of forgetting the weapon was there and failing to remove it. Though there was more to the packet than just explaining the situation, suffice it to say that the result was a No-Bill from the Grand Jury.

Domestic violence

Assault Family Violence - Felony

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OUTCOME: No-Billed and Expunged

Our client was a hard working father and husband who was awakened twice in one night, once by his wife and again by the police. He came to us after being charged with Felony Assault - Family Violence. ... His wife had come home extremely drunk late at night while he was sleeping. He had to get up early for work the next day. She came into the house yelling and looking for an argument. My client was 6 foot 4 and 200+ pounds and his wife was small. Rather than argue with or assault her, he picked her up as she continued to scream, kick, and scratch and placed her outside the house on the front porch. He kept her keys and locked her outside hoping she would sober up so he could go back to sleep. Needless to say, she called the police and showed them the marks and bruises from struggling against his removal. She neglected to tell police how she'd really gotten the marks. Our client called us from jail. When the case came before a Grand Jury, we presented a packet explaining the incident, injures and the surrounding circumstances. Our client was No-Billed by the Grand Jury and we later had the case expunged.

DUI and DWI

DWI

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OUTCOME: Not Guilty - Directed Verdict

Our client was a business traveler who was surprised to be stopped by security while trying to catch a flight. He had inadvertently left his personal defense firearm in a carry on bag. Client was arres ... ted on DFW International Airport property just inside the Tarrant County line. The case was filed in Dallas County as allowed by law. We had a short bench trial that ended abruptly after state's close of evidence. We requested a directed verdict demonstrating that despite the case being properly filed, the prosecutor failed to present proper evidence regarding jurisdiction. The judge granted our motion and found the client not guilty. Memorably, after trial the judge asked the prosecutor, "You see how he tricked you?" But it wasn't really a trick, just a tricky case for the prosecutor to prove. We got the firearm returned and the case expunged. Client continued to travel for business but was more careful about his bags' contents.

Criminal defense

Felony Probation Discharged - Case Dismissed

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OUTCOME: Discharged and dismissed

Client had been scared and on the run from her felony probation for 8 years. She was afraid the court would give her prison time for violating her probation so badly and for absconding for so long. She ... knew she had unfinished business with the court but carried on with her life hoping she could build a family and a future anyway. During those 8 years she had put her old ways behind her, had become a mother and begun a career as a teacher. Eventually she was arrested as a passenger in a traffic stop and brought before the court. We showed that despite there being an active warrant for her arrest for 8 years, the sheriff's department did not do enough to try to get her into custody. Even though they had had good addresses on her, they had never come out and attempted to serve the warrant. Public policy requires that the sheriff at least try to serve such warrants. Letting cases languish without making good faith efforts to get the defendant back into custody is disfavored by the courts because it prevents people from being able to put their cases behind them. Courts recognize that many will not voluntarily turn themselves in on active warrants. The judge agreed, recalled the warrant and set the case for hearing. At her motion to proceed to adjudication hearing we presented witnesses of our client's character, life changes and testimony that she had been in Dallas the whole time. The judge discharged the case through non-adjudication of her deferred and the case was dismissed.

Criminal defense

Assault on a Public Servant

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OUTCOME: No Billed by the Grand Jury

Our client came to us very upset over what he felt was unfair treatment at the hands of local police. Client was approached by three officers while he was creating a disturbance in his mother's backyar ... d. One of the officers expanded his collapsible baton upon approaching. Seeing this, our client feared the officers were going to beat him before arresting him. He wasn't looking forward to being beaten. Client was not a particularly large man but strong and sturdy (like Popeye). Officers approached and tried to put him in handcuffs but client would not put his hands behind his back. Officers called for backup. Three of them dragged him still standing through the entire house and onto the front porch. Two officers received injuries and it took ten officers to finally get our client subdued and into handcuffs. They arrested him and charged him with two counts of Aggravated Assault on Public Servant. We presented a packet to the Grand Jurors using an analogy to show why our client was not at fault for the officers' injuries. We compared the officers' injuries to those that movers might get trying to move a large refrigerator through the kitchen. A refrigerator might cause similar injuries but it wouldn't be because of an assault. Similarly, all our client did was resist. They may have been injured because of his resistance, but not from an assault. We asked them to No Bill him or charge him instead with resisting arrest. The Grand Jury No Billed our client and all charges were dropped. No other charges were ever filed.

David Lawrence Traylor's Legal Cases (29)

Speeding 106 in a 60 (or maybe it was 70)

DWI - Accident

DWI .22 Blood Test

DWI 3rd

Gun in bag at Airport security

Assault Family Violence - Felony

DWI

Felony Probation Discharged - Case Dismissed

Assault on a Public Servant