New Non-Disclosure Law Available for DWI Probation

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New legislation allows for a DWI probation to be sealed with an Order of Non-Disclosure.  The new law is retroactive and applies to first-time DWIs where probation was successfully completed.  There is a two-year waiting period after completion of probation.  If there was a breath test, the blood alcohol concentration must have been less than 0.15… Read more

May a Client Have His Own Video?

We have been asked: May a client have his own video?  Watching a video in your lawyer’s office is one of the most important interactions you will have with counsel. You can comment on subtle but important issues that only you can know. Maybe your tires did not cross the line, maybe you legally entered… Read more

Former APD Lab Analyst Reports Problems with DWI Blood Testing

Last week, Debra Stephens, a former employee of the Austin Police Department Crime Laboratory reported her concerns about APD’s Blood Alcohol Laboratory’s testing process. Specifically, she claims that there are errors in the uncertainty budgets and reporting methods used by APD. debbie-stephens-alamo-forensics The letter states that APD’s Crime Lab is incorrectly reporting results using a… Read more

Brady Notice – Phlebotomist Casts Doubt on DWI Blood Cases

On December 2, 2016, The Travis County Attorney’s Office circulated a Brady Notice to defense counsel concerning the testimony of a former phlebotomist.  During a trial the Phlebotomist privately disclosed that she had performed DWI Blood draws during the Spring of 2014 and that the facility was unsanitary.  The phlebotomist’s disclosure casts doubt on all… Read more

Probation Eligibility – Probation from a Jury?

Probation eligibility is controlled by statute and understanding these rules is vitally important before embarking on plea negotiations for the client.  A negotiated plea agreement requires concessions from both sides. Prosecutors seek to obtain penalties to address illegal conduct that causes or threatens harm to the public for which state protection is appropriate. To this… Read more

DPS Targeting Drunken Drivers, Traffic Violators Labor Day Weekend

Austin American Statesman Thursday, Sept. 1, 2016 Beginning Friday, Texas Department of Public Safety troopers will be on the lookout Labor Day weekend for impaired drivers, speeders and safety belt violations, the agency says. “Texans are killed on our roadways every day because of reckless drivers who get behind the wheel after drinking, and DPS… Read more

Strieff: An Active Arrest Warrant for an Unpaid Traffic Ticket Makes You Vulnerable to an Illegal Search and Seizure

WARNING: The Fourth Amendment to the United States Constitution protects you against unreasonable searches and seizures by the police. If the police stop you without reasonable suspicion and find evidence of illegal activity, the exclusionary rule prevents the State from using the illegally obtained evidence against you in a criminal prosecution. The rule operates as… Read more