Comments on: DWI Trial Tomorrow

By: ricketyclick » Blog Archive » Nobody Said Defending Your Rights Would Be Easy

Wed, 25 Jun 2008 05:46:33 +0000

[...] extends an earlier post, in which he explainst the breath tester in use here in Texas, the Intoxilyzer 5000, has a 25% [...]

By: Scott

Scott — Tue, 24 Jun 2008 00:14:52 +0000

Hah! I meant being green myself. Thanks though, words are important. Should have chosen more carefully.

By: Dangling Modifier Police

Dangling Modifier Police — Mon, 23 Jun 2008 20:19:20 +0000

Scott:

Mark is neither environmentally conscientious, nor inexperienced.

How hard is it in Harris County to get an ODL for whatever the automatic suspension for refusing a breath test is nowadays? (I’m asking; I’m one of those wacky civil attorneys who doesn’t know.)

By: Scott

Scott — Mon, 23 Jun 2008 20:02:47 +0000

As a green attorney, your comment regarding refusing to blow intrigues me given the likely loss of driving privileges for one year or more(depending on the state). Do you hang your hat on being able to then beat the administrative process or is it a “trade-off”? (“Client, you may not be able to drive for a year, but at least you didn’t get a DUI!”).

By: Mark Bennett

Mark Bennett — Mon, 23 Jun 2008 19:12:17 +0000

Michael, the Intoxilyzer 5000 is not the state of the art, but it’s what Texas uses. I don’t know who the best defense expert is. There’s no room for that in this case.

Brendan, the variety of cannabis that is outlawed is Cannabis Sativa L. There are apparently other varieties — C. Indicus, C. Ruderalis — that can now more easily be distinguished from C. Sativa.

By: Brendan Kelly

Brendan Kelly — Mon, 23 Jun 2008 15:21:10 +0000

Best NLS story I ever heard was from a cousin of mine who is an attorney in Buffalo N.Y. When he was a USAF JAG back in the 70’s he had a guy who was busted for posession of pot. Well my cousin did his homework and actually READ the statute, the USAF reg, and the lab report. Turns out that what the defendant had was “POT” but it wasn’t the particular species of plant then banned under the law or regulation, at that time. The client got off and the regulations got rewritten.

Good luck

By: Michael

Michael — Mon, 23 Jun 2008 04:16:08 +0000

Is the Intoxilyzer 5000 the state of the art machine now?

Also, who’s the best defense expert for informing the jury what a crap-pile an Intoxilyzer is? Last time I heard (a helluva long time ago) John Castle wasn’t bad.