Three Stupid State Tricks
Posted on March 28, 2008
Filed Under Uncategorized |
Williamson County’s John Bradley says, “The government has already decided, as a matter of law, that [marijuana] is not available for such a [medical] purpose. No defense permitted.” (H/T Robert Guest, via Grits.) Oops, sorry, John!
DPS Troopers are shopping for Denton, Dallas, and Tarrant County judges to “go to for blood warrants.” Not to worry, they already have judges they use in McKinney County.
In Houston, HPD DWI Task Force officer Paul Lassalle wants to make sure HPD doesn’t have to actually use the video equipment that state law requires it to have and to maintain. Hmm. Why would the DWI Task Force not want video recordings of people arrested for DWI? Could it be that they’re arresting people who look sober and sound sober? Well, no matter. Not using video is okey-dokey with Harris County prosecutor Warren Diepraam. See the emails in the link, and remember this the next time the State complains about how difficult DWI cases are to prove.
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WRT the Houston DWI videotape law -
Interesting. Not surprising, but interesting. I’m curious as to what prompted the DWI Officer to inquire about this in the first place. Was he actually clever enough to anticipate that some uppity [accused]drunk might try to use this law in their defense? Or was/is he currently involved in a case where some [accused] drunk’s attorney actually had the nerve to present a failure to tape wrt the law to his client’s advantage? My guess is the latter.
P.S. IANAL or even a Texan, but I enjoy your blog, and this is my first comment here. Yay me!
Mark,
Did you read the latest Voice for the Defense? I was looking for you thoughts on the federal sentencing guidelines article.
In sum- the article showed how the guidelines have greatly reduced the percentage of cases going to trial.
By not using the video, they ensure the case going to trial. When it goes to trial, they get overtime. And, by padding the report with the names of officers who “checked by” it means your buddy gets overtime too.
How many troopers does it take to make a DWI arrest? Answer: One. How many HPD officers? Answer: at least 3
Can the fact that the Feds give out medical hemp be used as a defense (either in federal court or state).
If not, can it be used in opening or closing arguments? Not really looking for a lengthy answer, unless you have the time. Was just curious.