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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

RELEASED FROM JAIL ON YOUR DWI. Personal Bond is an Option.

This is the worst night of your life. You were out with friends you haven’t seen in years or you were at a work function and everyone was having a great time. On your way home you are stopped by the police. You’re not intoxicated but you misjudged by not calling a cab. You have… 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

Does Leming Change the Law on Reasonable Suspicion for a Traffic Stop?

Does Leming Change the Law on Reasonable Suspicion for a Traffic Stop? A divided Court of Criminal Appeals issued a decision in April 2016 that on first glance seems to have rejected 23 years of established case law surrounding the issue of reasonable suspicion to stop a driver. For almost a quarter century, Texas courts… Read more

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