Blog
Is there a biological basis to crime?
Recent advances in science may change the way we look at criminals and the underlying reasons for their behavior Specifically, advances in neurology and brain scanning have revealed that because of brain function and chemistry, some people are far more likely to engage in criminal behavior While researchers agree that there is still a strong social and environmental cause for criminal behavior, they argue that...
Mandatory Blood Draws Limited in Texas Due to New Supreme Court of the United States Case
A new United States Supreme Court ruling has probably rendered some Texas DWI laws unconstitutional and will have a big impact on the way DWI investigations are conducted in many cases That case, Missouri v McNeely, involved a DWI suspect who refused to provide a blood test Blood was obtained anyway, and the police did not obtain a warrant prior to doing so, relying on the "exigent circumstances" exception to...
Miranda Warnings for Boston Marathon Bombing Suspect (And All of Us)
Not long after Boston Marathon bombing suspect Dzhokhar Tsarnaev was taken into custody, the federal government announced it would not give the suspect "Miranda Warnings" before interrogating him Withholding Miranda Warnings from a criminal suspect is a clear mistake The so-called "public safety exception" to Miranda is rare, and it doesn't apply to the case of the suspected Boston Marathon bomber
First a...
All I Want For Christmas Is a Little Honesty
The holiday season is in full swing, and so is Texas DWI enforcement Police agencies throughout the state are beefing up DWI patrols DWI defense attorneys in Houston and everywhere agree on one thing: the best way to avoid picking up a DWI is to avoid being behind the wheel if you've had too much to drink
The Department of Public Safety and other government agencies are trying novel ways to discourage...
DPS Offers Driver’s License Information Website
If you are unsure about the status of your Texas Driver's license, the Department of Public Safety has launched a website which will allow you to check your current status Additionally, the website allows users to pay fees charged for suspension offenses, and lists any outstanding compliance items that need to be completed before driving eligibility is restored The website can be accessed...
The BAT Van Controversy Continues
It seems like almost every day there is a new twist to the BAT Van fiasco What is perhaps the most troubling about the controversy is the lack of transparency with which the DA's office has handled this matter Last Friday's Houston Chronicle featured a very well-written article which cut to the heart of the issue
Judging by the chain of events involving allegations that police and prosecutors used flawed...
What are my odds of beating my Texas DUI or DWI case?
Many people charged with DWI or DUI in Texas are understandably very anxious about their pending case It is not surprising that a person charged with a Texas DUI or DWI will want to ask his or her lawyer how likely it is that the case will be dismissed, or resolved favorably
Unfortunately, at least at an initial consultation, a criminal defense attorney can usually not answer that This is because the lawyer...
A Push For Moderation in Our DWI Laws? Food For Thought From Mississippi
A very interesting, well-written editorial from Mississippi highlights our national over-zealousness regarding DWI enforcement As the author states, "Driving While Intoxicated has become Driving Under the Influence" as a result of the intense lobbying of MADD, and the financial incentive police agencies have to make DWI arrests
The Mississippi highway PATROL has kicked off its annual campaign against...
What to Expect from a Texas DUI or DWI Case – A Brief Overview
If you are arrested for DWI or DUI in Houston or anywhere in Texas, you may be unsure of what to expect This is common Criminal defense lawyers know that more than for other offenses, people charged with DUI or DWI are new to the criminal justice system
Criminal cases, including DWI or DUI cases, typically end in one of three ways: dismissal, trial, or by some sort of plea agreement with the State Many...
The Walk and Turn Test in DWI and DUI Investigations
If you are stopped and investigated for DWI or DUI in Houston or anywhere in Texas, most law enforcement officers will attempt to administer Standardized Field Sobriety Tests (SFSTs) as a part of their investigation Criminal defense attorneys with experience in DUI or DWI cases know that these tests consist of the horizontal gaze nystagmus test ("HGN"), the one-leg stand, and the walk-and-turn Although police...