Comments on: Texas Criminal Legislation in the Works http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html the tao of criminal defense trial lawyering Wed, 17 Mar 2010 19:13:55 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Jack http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6647 Jack Sun, 18 Jan 2009 14:59:21 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6647 The idea of checkpoints is bad enough. But to allow the constables to do it is crazy. Unless of course you're a defense attorney who will make money kicking their ass in court. Bottom line is if any law enforcement agency was serious about DWI, they would just follow up on crashes at the ER and subpoena blood results. But that might not result in enough court overtime for the DWI task force. The idea of checkpoints is bad enough. But to allow the constables to do it is crazy. Unless of course you’re a defense attorney who will make money kicking their ass in court.

Bottom line is if any law enforcement agency was serious about DWI, they would just follow up on crashes at the ER and subpoena blood results. But that might not result in enough court overtime for the DWI task force.

]]> By: Rage Judicata http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6626 Rage Judicata Fri, 16 Jan 2009 23:32:46 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6626 and whoever gets the most right wins the <b>pot</b>. As long as I can use HB 164 if I'm caught with it, I'm up for that... and whoever gets the most right wins the pot.

As long as I can use HB 164 if I’m caught with it, I’m up for that…

]]> By: Mark Bennett http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6606 Mark Bennett Thu, 15 Jan 2009 22:46:31 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6606 I should set up a betting pool. Guess which of the criminal justice bills will pass, and whoever gets the most right wins the pot. I should set up a betting pool. Guess which of the criminal justice bills will pass, and whoever gets the most right wins the pot.

]]> By: Jigmeister http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6605 Jigmeister Thu, 15 Jan 2009 22:40:15 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6605 I predict 169 and 170 pass and the others fail I predict 169 and 170 pass and the others fail

]]> By: Interested Counsel http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6603 Interested Counsel Thu, 15 Jan 2009 20:15:49 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6603 Checkpoints... I love it. Yours from across the water Interested Counsel Checkpoints…

I love it.

Yours from across the water

Interested Counsel

]]> By: Windypundit http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6600 Windypundit Thu, 15 Jan 2009 19:06:07 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6600 Michael, you're just coddling drunk drivers. There should be a presumption that the cop wouldn't have pulled them over unless they were driving so poorly that their BAC must have been over 0.08. Why waste officer time on tests which the defense bar has proven are unreliable? Also, Hooray for internal checkpoints, that hallmark of all great civilizations. Michael, you’re just coddling drunk drivers. There should be a presumption that the cop wouldn’t have pulled them over unless they were driving so poorly that their BAC must have been over 0.08. Why waste officer time on tests which the defense bar has proven are unreliable?

Also, Hooray for internal checkpoints, that hallmark of all great civilizations.

]]> By: Michael http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html/comment-page-1#comment-6598 Michael Thu, 15 Jan 2009 16:49:59 +0000 http://bennettandbennett.com/blog/2009/01/texas-criminal-legislation-in-the-works.html#comment-6598 HB 170 is a good start, but it doesn't go nearly far enough. There should be a presumption that if your BAC is less than 0.08 within 90 minutes of your arrest, it was still more than 0.08 when the cop pulled you over. HB 170 is a good start, but it doesn’t go nearly far enough. There should be a presumption that if your BAC is less than 0.08 within 90 minutes of your arrest, it was still more than 0.08 when the cop pulled you over.

]]>