Defending People

the tao of criminal defense trial lawyering

Can DUI Be Expunged in Texas?

Mark Bennett | July 5, 2008

From the Search Terms Files, the question that forms the title of this post: “Can a DUI be expunged in Texas?”
First: in most parts of the U.S., the crime of driving while one’s capacities are diminished by the ingestion of alcohol is described as DUI (driving under the influence). In Texas it’s DWI; “DUI” in [...]

DUI No-Refusal Weekend

Mark Bennett | July 3, 2008

Harris County prosecutor Warren Diepraam (mentioned before here and talking about “honoring the dead” here) writes in the TDCAA forums:

Harris County is doing a July 4th No Refusal Program and hopefully joining some area counties for a multi-jurisdictional effort. Ours will be for all agencies in Harris County with one prosecutor stationed in the northwest [...]

Dirty DWI Secrets

Mark Bennett | June 25, 2008

In response to the discussion of DWI (sorry, Windy, in Texas if you’re a grownup it’s DWI; DUI is the crime someone under 21 commits when he drives with any alcohol in his system) that started here, Chicago’s Windy Pundit gives us the numerical rundown on the real danger of DWI:

Drunk driving isn’t as dangerous [...]

DWI: Victimless Crime

Mark Bennett | June 24, 2008

Victim-worshipping commenters on my profile in this morning’s Houston Chronicle are fixated on whether DWI is a victimless crime.
Fortunately, the vast majority of incidents of driving while intoxicated have no victims; they don’t even result in a trip to jail. The victimocrats overclaim when they say that DWI has a victim.
In Texas, crimes are defined [...]

To Blow or Not To Blow? A Little Texas DWI Law.

Mark Bennett | June 23, 2008

In a comment to this post, in which I mentioned that I thought the ±25% margin of error of the Intoxilyzer 5000 was a good reason not to blow if you’re arrested for DWI, first-time commenter Scott wrote:

Your comment regarding refusing to blow intrigues me, as a green attorney, given the likely loss of driving [...]

Believe in Karma

Mark Bennett | June 23, 2008

Last week I wrote about this dog of a DWI case, giving enough information, apparently, that some people were able to identify the prosecutor of whom I wrote.
Today I went to court on this DWI case (trial was continued till August) in another court, only to find that the same prosecutor had been transferred to [...]

DWI Trial Tomorrow

Mark Bennett | June 22, 2008

I have a DWI jury trial tomorrow in Harris County. No NLSes; this time it’ll be “Full speed ahead!”, David Farragut-style.
Did you know that the Intoxilyzer-5000’s margin of error for an unknown solution (i.e. your breath) is +/- 0.020? That means that if your BrAC is .06 and the machine says .08, it’s within the [...]

Based on Actual Facts

Mark Bennett | June 18, 2008

Suppose that you were a prosecutor prosecuting a first-time DWI case, and that I was defending it.
Suppose further that the accused’s husband, an ex-cop, watched her performing the field sobriety tests at the scene, and would testify that she did fine. That the arresting officer claimed that his in-car video camera wasn’t working. That the [...]

Hoist With His Own Petard

Mark Bennett | May 1, 2008

Frisco, Texas DWI lawyer Hunter Biederman brings us this heartwarming story of Mike Crusee, a state rep from Williamson County, Texas illustrating the white republican hypocrisy for which that county is justly famed. Mr. Crusee, who “carried and passed legislation in 2003 that created something called the ‘driver responsibility program’ to help fund the Texas [...]

Three Stupid State Tricks

Mark Bennett | March 28, 2008

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, [...]