The Layman’s Guide on How to Handle a DWI Stop

    WHAT IF I’M STOPPED FOR DWI?  WHAT SHOULD I DO ?

1. Think first, use common sense, and be open minded !

          First, don’t drink alcohol or use drugs and then drive!  No one likes drunk drivers as they are clearly a danger to themselves and others.  No sane person would be happy to be on the receiving end of a 3,500 pound projectile being piloted by an intoxicated person. 

          Second, recognize that police officers perform a very difficult and dangerous job, and that we all owe the good officers an extreme debt of gratitude for their efforts.  However, it should be remembered that police officers have a great deal of discretion in deciding to arrest a person.  Here, it is appropriate to note that experience has proved, time and time again, that a person’s lack of manners and overt rudeness is the quickest way to being handcuffed and placed in the back seat of a patrol car.  You should also recognize the reality that DWI, for purposes of an officer making an arrest, is strictly his opinion that the crime has been committed.  Like all jobs that human beings perform, there will be some officers that are better at it than others.  Accordingly, police are not only subject to making human mistakes, but also, to unconscious psychological influences which almost always gravitate toward guilt.

          It must also be noted that police work is very competitive, and as a result, officers like to win their cases.  Here, too, experience has shown that more than a few officers have misrepresented facts and told falsehoods to win their case.  One should keep an open mind as to the possibility of other motivations of the officer than simply that the driver was intoxicated in determining the reason for a DWI arrest.  For example, recent evidence has demonstrated that most officers who make numerous traffic and DWI arrests actually receive increased pay as a result of their subsequent court appearances for those arrests.  Indeed, in some cases the officer, in addition to receiving benefits of a private patrol car for his use only, and having his days off and work hours fixed, receives an amount of extra money equal to his regular pay for court appearances, i.e., his salary doubles.

2. What do I do if the officer signals me to stop by turning on his emergency lights ?

          Drive to the right lane as cautiously and quickly as possible, and continue there until you can either safely park on the shoulder of the road or in a parking lot.  Next, take your vehicle out of gear, shut off the engine and radio, and turn on your emergency flashers. Such quick and cautious actions on your part will indicate that your normal mental faculties are not impaired.  In addition, if the officer just wants to pass your vehicle, then your actions will allow him to do that in a safe manner.

3. Having drawn the black bean by being stopped, should I get out of the car ?

          Yes!  However, attempt to keep your hands visible and do not make quick movements.  Do not place your hands in your pockets.  Exit your car and walk to the right rear of your vehicle and wait for the officer.  Do not lean on your vehicle or stand between it and the police car.  Here, it must be understood that the officer does not know you or your intentions yet.  This is an extremely critical time for him, as he will be looking for a possible weapon you may have or for any threat to his safety that you may present. Recognizing the officer’s initial apprehension and the ease at which it may be lessened, you can establish an initial positive contact with him, rather than a negative one.  

4. Is there anything I should do before getting out of my vehicle ?

          Yes, take your driver’s license and proof of insurance card out of your wallet and bring them with you to give to the officer.  These two items will usually be the first things he will ask to see.  If you were to hand your wallet to the officer, with the license and insurance card in it, he would not take it for fear of being accused of removing money or something else of value.  Accordingly, since he would then ask you to remove the license and insurance card from it, you should do that before leaving your vehicle. These actions will demonstrate your cooperation and will lessen the officer’s fear factor as your hands will always be visible to him.  These actions will also evidence that you have not lost the normal use of your mental faculties, as the actions were both reasonable and prudent.

5. If asked, should I admit to drinking an alcoholic beverage?

          This is a tough question but the answer is generally "yes".  Since you will likely have an odor of an alcoholic beverage on your breath, it makes no sense to deny that you have had a drink.  In fact, with the odor of an alcoholic beverage present and you making a denial, it is only human nature for the officer to find that you are less than credible.  This fact to the officer would then likely give rise to a suspicion that you are trying to hide the fact that many drinks were consumed.

6. Do I admit to how many, where and when?  Is honesty the best policy ?

          It depends.  Any admission more than "two" will likely result in your arrest. This is especially true where the officer fails to ask "when?" because, for example, 4 beers is much different than 4 beers over eight hours.

          As to the second and third questions, it is not whether you tell the truth or fudge on the truth that is important.  Rather, the answer really lies in whether or not you tell the truth or don’t answer at all.  In this regard, the truth has resulted in many non-intoxicated drivers being arrested, and has subsequently cost them a small fortune for bond, automobile towing, time off from work and an attorney to prove their innocence.

7. If I’m not going to answer, what do I do ?

          Keep in mind that both our Federal and State Constitutions guarantee that you do not have to incriminate yourself.  Politely ask the officer why he stopped you and if you are presently under arrest.  Under our law a person can be under arrest and yet not be told so.

          Where the officer indicates that you are under arrest then you should immediately inform him of your desire to have an attorney present for any further questions.  Do not refuse or agree to perform police field sobriety exercises.  Rather, tell the officer you want advice from a lawyer to help you decide if you will refuse or agree to perform them.

          On the other hand, should the officer say you are not under arrest, then a different approach is in order.  Politely ask:  "Am I going to be written a traffic ticket?" And if so, "Will I be free to leave upon your completion of it?"  Where the officer says:  "Yes" to both questions, count your blessings, remain still and non threatening.  Be courteous and only speak when spoken to – never volunteer information as that will only serve to prolong your roadside stay.  Should he again ask about alcohol consumption, inform him of your choice not to answer any questions but those related to the specific traffic offense — and, stick to your right not to incriminate yourself.

          Well, what about a scenario where the officer says:  "You’re not under arrest, but you can not leave".  This is close to the typical DWI scenario.  Here, the safe thing to do is to inform the officer that you would prefer not to answer any more questions and would like to have a lawyer present.  Be polite and not talkative!  Doing this, you have in effect "punted the ball" to the officer.  He must now choose to let you go or to prolong his investigation.  Again, if he lets you go, count your blessings and drive safely.  Where he prolongs your roadside stay, he must be careful not to violate your federal and state constitutional rights to not be unreasonably seized.  The invocation of your rights to remain silent and to an attorney’s presence will make it more difficult for the officer to avoid violating your constitutional right to not be unreasonably seized.

          To further explain, a police officer, absent any belief that criminal activity is afoot, has a right to walk up to any person in a public place and talk to them.  However, the person may simply walk away.  Indeed, our law is clear that the person’s action in walking away cannot be used as evidence that he is guilty of something, i.e., that the invocation of a constitutional right cannot be equated to guilt.  In such cases where the officer, through use of his police status, either impliedly or expressly detains the person, he violates the individual’s right not to be unreasonably seized.

          To lawfully justify a brief detention of a person, the officer must have a specific and articulate reasonable suspicion that the person is presently involved in criminal activity. This justification cannot be legally made on the basis of a simple hunch or a gut feeling. The detention must be narrowly limited in both its duration and scope so as to allow the officer to maintain the status quo so that he may dispel or affirm his reasonable suspicions.  If the officer waits to long or unreasonably proceeds beyond the purpose for his initial detention, then he again violates the person’s constitutional right not to be unreasonably seized.

          Lastly, where the officer actually arrests the person he must have a greater quantum of evidence than merely a reasonable and articulate suspicion.  Indeed, he must have what is constitutionally termed "probable cause" to believe a crime has occurred. "Probable cause" has been defined by our courts as a measure of evidence that would lead a reasonable person, based on that person’s experience and training, to believe that a crime has occurred.  This probable cause measure requires a lesser quantum of evidence than is required to convict a person of a crime (proof beyond a reasonable doubt) or to win a civil lawsuit (preponderance of the evidence [i.e., 51%]).

          In any situation where an officer "detains" a person on less evidence than "a reasonable and articulate suspicion" or "arrests" a person on less evidence than "probable cause", he violates that person’s constitutional rights not to be unreasonably seized.  The remedy for this violation is to exclude from the prosecution’s case any and all evidence that was derived from the violation.

          Accordingly, when you find yourself in the typical DWI scenario (i.e., where you’re being detained for a DWI investigation but you’re not yet arrested) it is best to be polite, to invoke your rights to remain silent, and to have an attorney present, to not accidentally incriminate or convict yourself, and to let the officer do the best he can with the evidence he can legally develop.

8. If I’m arrested and transported to the police station, do I perform the sobriety exercises before a video camera recorder, submit to the Intoxilyzer test and answer questions concerning drinking ?

          Maybe, never and maybe!  First, however, immediately inform the officer, and all officers thereafter, that you want to remain silent until such time as you can contact an attorney and have a private consultation with him as to anything and everything the officer will ask you except for bail.  Be careful to tell the officers that you are neither refusing nor agreeing to cooperate with them.  Rather, tell them that your decision to refuse or agree will be premised upon the advice you receive from your lawyer. 

          Sometimes officers will say "you can’t have a lawyer yet".  This often occurs at the alcohol concentration test request and the video exercise test request stage.  The "you can’t have a lawyer" statement may or may not be true depending on the circumstances of your case.  But, you will have no way of verifying its truth until you speak to your lawyer.  Thus, the best thing to do is to remain polite but firm in your requests to speak to an attorney.  Simply put, do not take "no" for an answer.

          When the police allow you the opportunity to use the telephone immediately use it.  Call our office at 940.483.8000.

          Upon reaching an attorney on the telephone be sure to ask the officer for a chance to speak with the lawyer in private.  Where the police refuse to allow you privacy, they violate your right to an attorney.  Absent giving you privacy, the police provide you with only a warm body to talk to on the telephone.  This is so because the lawyer, in order to maintain the attorney-client privilege and to protect your right to remain silent, must tell you not to say anything.  Here, it is axiomatic that a lawyer can only give you proper advice where you can first tell him what has happened (i.e., he applies the law to the facts and he accordingly advises you what to do).

          Always do exactly what your lawyer tells you to do – nothing more and nothing less.  If he tells you to perform exercises before a video camera and/or to answer police questions concerning alcohol consumption, then do it.

          In regard to the intoxilyzer breath test, if your lawyer tells you to simply take it, we’d recommend changing lawyers.  It is, at least in the authors’ opinion, wrong to advise a person to take a test on a machine which is incapable of being independently verified as accurate and reliable.  It is equally wrong to advise a client to submit to such a test where the police fail to preserve, and in effect destroy the breath specimen they will ostensibly use to prove you guilty.  Personally, we’re not going to take a test that can’t be rechecked to determine it’s validity.

          Arguably, the best indicator of a person not having lost the normal use of his mental faculties is the fact that he simply won’t take the breath test.  Here, we believe a person would have to be drunk to agree to take a police test that is so enmeshed in debate about its non reliability and inaccuracies and where the police machine’s own manufacturer doesn’t warrant it fit for any particular purpose – including breath testing. Under such circumstances, only a drunk, insane, uneducated, or coerced person would submit to a breath test where the penalty for failure might result in 180 days confinement, a $2,000.00 fine and a year’s driver’s license suspension, not to mention other social and automobile insurance consequences, as opposed to a possible ninety day suspension for test refusal.  In other words, we would argue that, knowing the above, a person demonstrates no loss of his normal mental faculties by refusing the test, but does so by agreeing to take it.  Clearly, considering all the consequences and facts noted, it cannot be reasonable and prudent judgment to take such a non-preserved test.  Let us add one other "believe it or not" fact here just for emphasis.  Most police officers join in our opinion and would not take the breath test either!

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton county theft case case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."

Texas Theft/Shoplifting Laws: Criminal Charges and Penalties

Tim Powers

940.483.8000

Theft is a broad criminal charge in Texas that includes a range of offenses from shoplifting to bouncing checks to buying stolen property. The punishments generally depend on the value of the stolen item, and can be as little as a fine or as serious as prison time in extreme cases.

The Texas Penal Code defines theft as taking someone else’s property without consent, either by deception or by physically stealing it. You don’t have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. And, if you take something, then return it for a reward, that is also theft under Texas law.

To charge you with theft, the police need to show that you acted with criminal intent, meaning you knew the property belonged to someone else and knew you didn’t have their permission to take it, and that you actually have or had possession of the property. They can do by that using physical evidence, such as security camera video in a shoplifting case, or by statements from a witness, an accomplice, or you.

Types of Theft Under Texas Law

The four most common ways to commit misdemeanor theft or felony theft in Texas are these:

1. Shoplifting – Taking items out of a store with the deliberate intention of not paying the store for the full value of the item. This includes taking, say, a shirt and leaving with it, or switching the tag on an expensive shirt with the tag on a less expensive one and paying the lower price at checkout.

2. Bad checks – Paying for an item on a closed account or an account that does not enough money to cover the amount of the check. If the check is written on a closed account, that alone is evidence of theft under Texas criminal law. If the check bounces, and you do not reimburse the merchant within 10 days of notification, then that is evidence of theft under the law.

3. General theft – Taking an item that belongs to someone else by any means when you do not have permission. Examples of this include taking a woman’s purse from her shopping cart when her back is turned, stealing copper from a construction site, or taking $20 from the cash register at work.

4. Buying/accepting stolen property – Taking possession of an item when you know the person selling or giving it to you is not the rightful owner. If you know a friend shoplifted an item from a store, then passed the item on to you, you have committed theft by taking it, whether you paid for it or it was a gift.

Other common theft charges include  embezzlement, and  theft of services, which is the stealing of something that isn’t a physical item. This charge also may be be related to fraud or bad checks.

Penalties for Theft in Texas

The punishment for the criminal charge of theft in Texas is relative to the value of the item stolen. Obviously, the more value the item has, the higher the penalty for taking it. And if it is more than one item, all the values are added together for the purposes of punishment.

For example, you may be charged with shoplifting five DVDs. Individually, they may be worth about $20 each. But added together, the total of the theft is $100, and that raises the seriousness of the punishment.

Penalties for Theft

Those punishments can also be enhanced under certain conditions. For example, Class B and C misdemeanor theft charges increase one level if you have a previous theft conviction, and a Class A misdemeanor becomes a state jail felony if you have two previous theft convictions.

Also, the theft of some items such as firearms or metals such as copper or aluminum are felonies no matter the actual value.

Shoplifting charges also automatically become more serious if you are caught using tools to defeat theft prevention devices, or if you are charged with organized retail theft, meaning you were working with others to steal items for profit.

However, in all likelihood, if you are charged with simple theft by shoplifting and are convicted or enter a plea, you probably will receive only community service and fines, as long as the value is low and it’s a first or second offense. However, you are still stuck with a permanent criminal record which may never go away.

The fact of a permanent, public criminal record is the reason why most people hire a shoplifting defense attorney to fight the charges. Avoiding a criminal record in the internet age can save you tremendous headaches in the future. It could prevent you from getting a job, a scholarship, or worse.

Civil Penalties for Shoplifting

The criminal shoplifting record for a conviction might not be the end of it, either.

A conviction for the criminal charge of theft frequently includes restitution to the victim, but Texas also has the Texas Theft Liability Act. This civil law allows the victims of theft to sue for damages and is separate from the criminal case.

The suits are typically used in shoplifting cases. The store will send you a letter demanding that you pay the value of the stolen item, as well as costs related to recovery. The law allows the victim to collect actual damages, plus up to $1,000 against an individual or actual damages, plus up to $5,000 against the parents or guardians if the accused shoplifter is a minor.

You should not try to face either the criminal charge of theft or a civil suit in a shoplifting case without consulting a Texas criminal defense lawyer who knows how to defend shoplifting/theft offenses. We can fight the case against you by challenging the reliability of eyewitness or accomplice testimony, and by questioning the legality of any searches by police or admissions you may have made to them.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton county theft case case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."

After six weeks of listening, jurors in the involuntary manslaughter case of  Michael Jackson’s doctor began deliberations Friday morning. Their discussions behind closed doors in a downtown Los Angeles courthouse could lead to the conviction or acquittal of Dr. Conrad Murray, whom the panel has heard described alternately as an inept and opportunistic physician or a naïve outsider granted access into Jackson’s inner realm.

The seven-man, five-woman panel listened intently Thursday as prosecutors and defense attorneys argued over whether Murray should be convicted of involuntary manslaughter for Jackson’s death in June 2009. The physician’s attorneys attacked prosecutors and their witnesses, saying they had over time developed stories and theories that placed the blame for Jackson’s death squarely on Murray.

Media were camped outside the courthouse and in the courtroom where the jury’s decision will eventually be read. There was no sign of Murray or attorneys handling the case, but they will receive a two-hour notice when a verdict is reached. Murray waived the need for his presence if the panel asks any questions, but must be present when a verdict is reached.

Jackson died from a fatal dose of the anesthetic propofol; Murray has acknowledged giving Jackson propofol to help him sleep.

The real reason Jackson died, defense attorney Ed Chernoff argued, was because he craved the powerful anesthetic so much that he gave himself a fatal injection when Murray left his bedside.

"They want you to convict Dr. Murray for the actions of Michael Jackson," Chernoff said.

"Poor Conrad Murray," prosecutor David Walgren replied in his final speech to jurors. "Michael Jackson is dead. And we have to hear about poor Conrad Murray and no doctor knows what it’s like to be in his shoes."

 Walgren noted that several doctors who testified – including two who were called by Murray’s attorneys – said they would have never given the singer anesthesia in his bedroom.

 Murray is solely to blame for Jackson’s death, Walgren argued, saying Murray had purchased more than four gallons of propofol to administer to Jackson and had been giving him nightly doses to help him sleep.

Walgren repeatedly described Murray’s treatments on Jackson as unusual and called his actions on the day of the singer’s death – including not calling 911 and not mentioning his propofol doses to paramedics or other doctors – "bizarre."

Murray was essentially experimenting on Jackson, Walgren said. Murray should have known Jackson might die from the treatments, yet he lacked the proper life-saving and monitoring equipment.

"What is unusual and unpredictable is that Michael Jackson lived as long as he did under the care of Conrad Murray in this situation," Walgren said.

The prosecutor repeatedly invoked the singer’s children, Prince, Paris and Blanket, and said Murray’s actions left them without a father. The children, who range in ages from 9 to 14, were not present, but Jackson’s parents and several of his siblings attended closing arguments.

The Houston-based cardiologist’s culpability will be decided by jurors, who heard from 49 witnesses and have more than 300 pieces of evidence to consider. They were given lengthy instructions about how to deliberate and interpret the case.

If Murray is convicted, he faces a sentence that ranges from probation to four years behind bars, and he would lose his medical license. The sentence will be decided by Superior Court Judge Michael Pastor and not the jury; the judge will receive input from attorneys for both sides and probation officials if necessary. A recent change in California law means that Murray, 58, might serve any incarceration in a county jail rather than a state prison.

If acquitted, Murray would be free from criminal prosecution, but will likely be pursued by medical licensing authorities in the states of California, Nevada and Texas.

In order to convict Murray, jurors will have to determine the cardiologist was substantially responsible for Jackson’s death.

Despite days of scientific testimony about what likely happened in Jackson’s bedroom from experts for Murray and the prosecution, Walgren acknowledged that some things about the events in the King of Pop’s bedroom that led to his death will never be known.

"The people won’t prove exactly what happened behind those closed doors," he said. "Michael Jackson could give answers, but he is dead."

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If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."

Great Results for DWI charges in Denton County

The Law office of Tim Powers in the past 30 days has had 4 misdemeanor Denton County DWI cases dismissed or not filed, had one DWI 2nd offense reduced to Obstruction of a Highway or Passageway, had a DWI 2nd offense reduced to a DWI 1st offense (blood test was over the legal limit), and a DWI felony case (DWI with child under 15) reduced from a State Jail Felony to a Class B Misdemeanor.  Great month.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."

About 700 new state laws take effect today in Texas.

Here’s a look at some of them:

– On election days, Texas voters will be required to show photo identification before casting ballots.

– Drivers will no longer have to slow down to 65 mph at night on most highways but can keep driving the daytime speed limit. The 65 mph night and truck speed limit signs are to be removed from roads by year’s end, according to the Texas Department of Transportation.

– A new law requires school districts to recondition football helmets every two years once they have been used a decade. Helmets that are 16 and older must be sidelined permanently.

– Another law lets governments use eminent domain to seize private property only if it’s necessary for highways, schools or other public uses. The government then must make a "bona fide" offer to buy the property and pay landowners’ relocation expenses. A new law bans property seizure for private use, which was already prohibited by a 2009 constitutional amendment.

– Another new Texas law makes it a crime to impersonate someone online without obtaining his or her permission with the intent to harm, defraud, threaten or intimidate.

– New legislation cracks down on drunken driving. If a suspected inebriated motorist refuses to give a blood sample, a police officer will be allowed to apply for a warrant to take a sample to determine if the blood-alcohol level is higher than the Texas legal limit of .08.

Also, a driver whose blood-alcohol level is .15 or higher will automatically face a Class A misdemeanor, punishable by up to a year in jail. The previous charge was a Class B misdemeanor, which carries a six-month jail penalty.

– And now in Texas, the capital murder charge that carries a possible death sentence if someone is convicted of killing a child applies to victims age 10 or younger. Previously, a suspect was charged with capital murder in a child’s death if the victim was 6 or younger. Also, some repeat offenders convicted of certain sex offenses will be sentenced to life without parole.

New Laws Effective September 1, 2011 – Using or Claiming to Hold Fraudulent Military Record

by Tim Powers

940.483.8000

www.timpowers.com

This is the first in the series of new laws enacted by the Texas Legislature.  These laws take effect September 1, 2011

 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
             SECTION 1.  Subchapter D, Chapter 32, Penal Code, is amended by adding Section 32.54 to read as follows:

             Sec. 32.54.  FRAUDULENT OR FICTITIOUS MILITARY RECORD.
          (a)    In this section:

        (1)      "Military record" means an enlistment record, occupation specialty, medal, award, decoration, or certification obtained by a person through the person’s service in the armed forces of the United States or the state military forces.

        (2)    "State military forces" has the meaning assigned by Section 431.001, Government Code.

        (b)    A person commits an offense if the person:

        (1)  uses or claims to hold a military record that the person knows:
   
        (A)  is fraudulent;
        (B)  is fictitious or has otherwise not been granted or assigned to the person; or
        (C)  has been revoked; and

        (2)  uses or claims to hold that military record:
        (A)  in a written or oral advertisement or other promotion of a business; or
        (B)  with the intent to:
            (i)  obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;
            (ii)  qualify for a veteran’s employment preference under Chapter 657, Government Code;
            (iii)  obtain a license or certificate to practice a trade, profession, or occupation;
            (iv)  obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
            (v)  obtain a benefit, service, or donation from another person;
            (vi)  obtain admission to an educational program in this state; or
            (vii)  gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.

        (c)  An offense under this section is a Class C misdemeanor.

        (d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

             SECTION 2.  This Act takes effect September 1, 2011.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."

Wrongful DWI Convictions

by Tim Powers

940.483.8000

www.timpowers.com

A recent headline decried the number of wrongful drunk driving convictions – placing the number at nearly four thousand – without specifying the locale or time frame (or even source) of this proclamation. However, what the story lacks in credibility it more than makes up for by staggering our sensibilities. If, indeed, there is any truth to this information then there is certainly cause for concern. Why? The source of most of these wrongful convictions can be traced to unreliable and faulty results of breath tests – which are often the cornerstone of a prosecutor’s case against a drunk driver. Moreover, there is also evidence that the results of a number of breath tests are out and out fraudulent…which is even more frustrating given the fact that law enforcement officials are sworn to uphold the law. In fact, cases of duplicitous breath tests results are so rampant in one state that the director of their state forensic lab resigned because of the scandal.

Administering a breath test accurately requires some training. In addition, information related to using a breathalyzer changes and requires that the user be retrained to ensure the validity of the findings. If you have been arrested on the basis of the results of a breath test then I highly recommend that you fight the charges. In light of the fact that there is so much controversy surrounding breath tests it would seem that the drinking and driving allegation is suspect at best. As always, though, the best choice is not to drink and drive.

Tim Powers handles DWI Breath test casesin Denton County, Texas and surrounding areas and has achieved remarkable results for thousands of clients . If you have a DUI Breath test case, call Denton attorney Tim Powers at 940.483.8000.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your DWI case or arrest in Denton County, contact the offices of Tim Powers today.  There is no charge or obligation for the initial consultation.  940.483.8000.

 *Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any specific legal question you should directly consult an attorney."