A multi-agency driving while intoxicated crackdown with compulsory blood tests yielded 24 arrests last weekend, including eight felony charges.
Midland County District Attorney Teresa Clingman planned the "No Refusal Weekend" after learning seven other Texas counties had taken similar initiatives.
"We had 15 arrests Friday night and Saturday morning and only nine Saturday-Sunday because the word was out," Clingman said Monday. "Drivers have become aware that if they don't do a field sobriety or breath test, we have a difficult time getting a conviction.
"This is a way of providing more evidence than just a videotape where the individual doesn't talk or do anything."
She said police, sheriff's deputies and Texas Department of Public Safety troopers met Court at Law Judge Marvin Moore and Municipal Judge Sharon Hatten at the City Health Office at 3303 W. Illinois Ave. both Friday and Saturday nights, where the judges reviewed evidence and signed warrants for blood samples to be taken.
"Because of the success we had, we will definitely do it again in the future," Clingman said. "We haven't set a date yet. We had assistant DAs there to make sure the officers had plenty of information in their affidavits."
*
Jail records indicated deputies made two felony arrests and TDPS troopers six, including one at 2:25 a.m. Saturday in the 200 block of Andrews Highway, where a 29-year-old man allegedly punched a trooper and was also charged with felony assault of a public servant.
Texas District and County Attorneys Association DWI Resource Prosecutor Clay Abbott of Austin said Deaf Smith County, west of Amarillo, started the program six years ago, followed by Travis, Harris, Tarrant, Williamson, Parker and Colorado counties. Abbott said some "do it routinely" and others for injury accidents and subsequent DWIs.
Midland defense lawyer Roy Scott advises clients not to take the Intoxilizer breath test but noted state law "says the person is supposed to give a breath and blood sample.
"Upon refusal, the DA's recourse is to get a warrant and make the blood test compulsory," said Scott. "I say not to take the breath test because there are documented defects in those machines. They make the assumption everybody's lungs are the same, but I ran the mile in high school and I guarantee my lungs are larger and more efficient than yours.
"It's a wise choice on the DA's part because she has the right to do it. I quit drinking 11 years for that very reason."
Scott said Texas' legal limit of blood alcohol content, .08 of a percent, is too low because a 200-pound man drinking three cans of beer within an hour scores that high. "Most people test from .14-.20, which is what it takes for your driving to be impaired," he said.
Representing two people charged last weekend, attorney Steve Hershberger said they may have been discouraged from getting legal help.
"When somebody asks for an attorney, the police have a way of saying, 'Well, the attorney won't help you. If you'll man up and let us do this, we'll put in a good word for you with the prosecutor.'
It violates the Sixth Amendment if the person hasn't had the ability to get legal advice.
"They can take them into the station, but they're supposed to terminate everything and let the person contact counsel. I think the blood test is more accurate than the Intoxilizer. I have never been convinced those things are consistently calibrated."
Hershberger also questioned the methods used in making some stops. "I think they were stopping some people without having probable cause," he said.
"If you drive to my office, you'll probably break a couple of traffic laws, make an improper lane change or something. I think the judges are giving the police more leeway than they should."
During the three weekends in March preceding the crackdown, Midland County records show there were a combined total of 28 misdemeanor and four felony DWI arrests.
A first- or second-offense DWI is a misdemeanor, while all subsequent are felony charges.
Article by My West Texas News
Friday, April 4, 2008
Thursday, April 3, 2008
Austin DWI Info
This is an article I found online:
by shellaine
A number of Austin DWI Attorney in Austin Texas is former prosecutors who have vast experiences. It is the advantage of experience whereby an Austin DWI Attorney will bring to the table in defending your DWI case.
In the capital of Austin Texas, the legislature meets every 2 years and the subject of Austin DWI comes up every session. Increasing the Driving License Suspensions for DWI convictions is a popular maneuver for legislators that want their stock or want to be known as Tough on Crime. The unfortunate thing about this increase in penalties will not probably decrease crime but rather increase.
An Austin DWI Attorney is what you will need when you are in trouble with Texas DWI.
Each year, states enact stronger DUI laws and more severe drunk driving penalties. Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skill is impaired. It is illegal in all jurisdictions within the U.S.
The legal presumption of intoxication from blood alcohol concentration was reduced to 0.10; more recently, and with federal pressure, all states get further reduced the limit to 0.08%. Early laws simply prohibited driving while intoxicated, with no varied definition of what level of inebriation qualified The first generally-accepted legal limit for blood alcohol concentration (BAC) was 0.15 (in 1938, the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents"; at the same time, the National Safety Council get a "Committee on Tests for Intoxication".
All states in the U.S. designate a "per se" blood or breathe alcohol level as the threshold point for an independent criminal offense. Many jurisdictions use more serious penalties (such as jail time, larger fines, longer DUI program, and the installation of ignition interlock devices) in cases where the driver 's BAC is over 0.20, or 0.15 in some places. In instances like an DWI it would be wise to have an Austin DWI Attorney to defend your rights and make easier on you.
In a few circumstances however, DUI may represent a lower offense in a DWI state. They also report average DUI or DWI conviction costs of about $5,540 (not including DUI defense attorney fees or lost wages).
For those people who permit been unlucky enough to experience the high costs of a DUI or DWI conviction, you know the surpassingly high costs associated with drunk driving which include DUI defense attorney fees, court costs, cost of treatment classes, higher auto insurance, not to mention injury or death in some cases. Drunk driving offenders have need to a criminal defense lawyer whose law design is primarily in the field drunk driving defense and is a qualified DWI or DUI lawyer or DWI or DUI attorney.
It 's worth spending a few bucks on a device that can help monitor your BAC so that you don't end-up getting pulled over after having 4-5 beers during the game, and you end up blowing a .08 or .09. A second criminal offense of driving "under the influence" or "while impaired"- is also usually charged in most states, with a permissive presumption of guilt where the person 's blood alcohol concentration (BAC) is .08 percent or greater (units of milligrams per deciliter, representing 8 g of alcohol in 100 deciliters of blood).
Texas DWI cases can backlog the system faster than any other type of misdemeanor, precisely because of the way we as a society handle them. Austin police Department has for all intents and purposes moved towards an arrest anyone with the smell or odor of an alcohol beverage on their breathe is kind of standard. With this mind, Austin DWI Attorney can be your option if not your best option. That is if we are talking about Austin DWI.
Austin DWI Attorney can easily be found online if you need one in Austin Texas. Austin DWI needs the best of Austin DWI Attorney.
Austin DWI Attorney Tips and Info
by shellaine
A number of Austin DWI Attorney in Austin Texas is former prosecutors who have vast experiences. It is the advantage of experience whereby an Austin DWI Attorney will bring to the table in defending your DWI case.
In the capital of Austin Texas, the legislature meets every 2 years and the subject of Austin DWI comes up every session. Increasing the Driving License Suspensions for DWI convictions is a popular maneuver for legislators that want their stock or want to be known as Tough on Crime. The unfortunate thing about this increase in penalties will not probably decrease crime but rather increase.
An Austin DWI Attorney is what you will need when you are in trouble with Texas DWI.
Each year, states enact stronger DUI laws and more severe drunk driving penalties. Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skill is impaired. It is illegal in all jurisdictions within the U.S.
The legal presumption of intoxication from blood alcohol concentration was reduced to 0.10; more recently, and with federal pressure, all states get further reduced the limit to 0.08%. Early laws simply prohibited driving while intoxicated, with no varied definition of what level of inebriation qualified The first generally-accepted legal limit for blood alcohol concentration (BAC) was 0.15 (in 1938, the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents"; at the same time, the National Safety Council get a "Committee on Tests for Intoxication".
All states in the U.S. designate a "per se" blood or breathe alcohol level as the threshold point for an independent criminal offense. Many jurisdictions use more serious penalties (such as jail time, larger fines, longer DUI program, and the installation of ignition interlock devices) in cases where the driver 's BAC is over 0.20, or 0.15 in some places. In instances like an DWI it would be wise to have an Austin DWI Attorney to defend your rights and make easier on you.
In a few circumstances however, DUI may represent a lower offense in a DWI state. They also report average DUI or DWI conviction costs of about $5,540 (not including DUI defense attorney fees or lost wages).
For those people who permit been unlucky enough to experience the high costs of a DUI or DWI conviction, you know the surpassingly high costs associated with drunk driving which include DUI defense attorney fees, court costs, cost of treatment classes, higher auto insurance, not to mention injury or death in some cases. Drunk driving offenders have need to a criminal defense lawyer whose law design is primarily in the field drunk driving defense and is a qualified DWI or DUI lawyer or DWI or DUI attorney.
It 's worth spending a few bucks on a device that can help monitor your BAC so that you don't end-up getting pulled over after having 4-5 beers during the game, and you end up blowing a .08 or .09. A second criminal offense of driving "under the influence" or "while impaired"- is also usually charged in most states, with a permissive presumption of guilt where the person 's blood alcohol concentration (BAC) is .08 percent or greater (units of milligrams per deciliter, representing 8 g of alcohol in 100 deciliters of blood).
Texas DWI cases can backlog the system faster than any other type of misdemeanor, precisely because of the way we as a society handle them. Austin police Department has for all intents and purposes moved towards an arrest anyone with the smell or odor of an alcohol beverage on their breathe is kind of standard. With this mind, Austin DWI Attorney can be your option if not your best option. That is if we are talking about Austin DWI.
Austin DWI Attorney can easily be found online if you need one in Austin Texas. Austin DWI needs the best of Austin DWI Attorney.
About the Author
For Info on Austin DWI Attorney for your Austin DWI, go to:http://www.lingwellness.com
Article Source: Content for Reprint
Austin DWI Tips
Driving While Intoxicated (DWI) is a growing problem in all the modern societies around the world. Whenever a person is suspected of DWI, tests are performed to determine if they are under the influence of alcohol. If it is proved, then a trial and imprisoned are to follow. The only person who can help him out of this trouble is the DWI attorney.
Austin DWI cases can backlog the system faster than any other type of misdemeanor, precisely because of the way they are handled. Austin Police Department has moved towards arresting anyone with the smell or odor of an alcohol beverage on their breathe.
DWI attorneys are those who analyze individual DWI cases and provide solutions to those facing charges. They are indispensable during court proceedings. A number of Austin DWI Attorneys in Austin, Texas are former prosecutors who have a vast amount of experience. It is this experience that allows Austin DWI Attorneys to do so well in Austin DWI cases. Some reputed Austin DWI attorney firms are:
1) Austin Criminal Lawyers
2) Mc Minn Law FirmIf you lose a DWI case, it will be a permanent mark on your record. This is the reason why most Austin DWI lawyers make it a point to try hard and win cases for their clients. The good DWI attorneys will make sure that even your driving license is not suspended. This is the reason why it is always better to hire the best DWI lawyer that you can afford.
Top 5 DWI Firms in Austin
Here is a list of the top Austin DWI lawyer firms.
This list was found on EzineArticles (dot) com.
- Dunham & Rogers
- Law Office of EG Morris
- KUHN, DOYLE, & KUHN
- Ben Florey Law Offices
- IAN INGLIS Attorney at Law
This list was found on EzineArticles (dot) com.
Wednesday, April 2, 2008
Austin DWI Reviews.
This website is going to be about Austin DWI Reviews. More to come later, but for now, this is what you get.
I will provide:
I will provide:
- Austin DWI reviews
- Austin DWI tips
- Austin DWI links
- Austin DWI resources
- Austin DWI related material
Thursday, March 20, 2008
On-Campus Austin DWI Simulation
More than 25 emergency responders arrived at Akins High School in South Austin on Thursday at what appeared to be a fatal car crash.
Hundreds of Akins' students gathered outside as they watched officials examine the scene, arrest a student and carry their blood-covered peers into ambulances.
The scene was a simulation, but for many students, it was all too real.
"The message is really clear," said Brandy Williams, an eleventh-grader.
"And it should be," said her friend, Hannah Barnett.
Travis County Sheriff Greg Hamilton brought the program, called Shattered Dreams, to Texas in 1997 when he was the chief of enforcement for the Texas Alcoholic Beverage Commission. Shattered Dreams has been hosted statewide, and Thursday's event was the first time the sheriff's office directed it.
"When I brought this program here to Texas, I wanted to address prom season and also spring break," Hamilton said. "I wanted to bring awareness to the kids that this is what happens when you make those bad choices."
In 2006, more than 1,670 people died in Texas in crashes involving drivers who were under the influence of alcohol or drugs, according to the Texas Department of Transportation.
About a quarter of Texas high school seniors said they had driven a car after several drinks at least once a year, according to a 2004 survey conducted by the Texas Department of State Health Services.
More than 50 students braved the cold, rainy weather Thursday to serve as actors before participating in a retreat to discuss what they had learned.
"For the most part, the students have got the message," Hamilton said. "If it changes their minds during this spring break coming up, I think we've done our jobs."
mpresser@statesman.com; 445-3601
Article by StatesMan.com
Hundreds of Akins' students gathered outside as they watched officials examine the scene, arrest a student and carry their blood-covered peers into ambulances.
The scene was a simulation, but for many students, it was all too real.
"The message is really clear," said Brandy Williams, an eleventh-grader.
"And it should be," said her friend, Hannah Barnett.
Travis County Sheriff Greg Hamilton brought the program, called Shattered Dreams, to Texas in 1997 when he was the chief of enforcement for the Texas Alcoholic Beverage Commission. Shattered Dreams has been hosted statewide, and Thursday's event was the first time the sheriff's office directed it.
"When I brought this program here to Texas, I wanted to address prom season and also spring break," Hamilton said. "I wanted to bring awareness to the kids that this is what happens when you make those bad choices."
In 2006, more than 1,670 people died in Texas in crashes involving drivers who were under the influence of alcohol or drugs, according to the Texas Department of Transportation.
About a quarter of Texas high school seniors said they had driven a car after several drinks at least once a year, according to a 2004 survey conducted by the Texas Department of State Health Services.
More than 50 students braved the cold, rainy weather Thursday to serve as actors before participating in a retreat to discuss what they had learned.
"For the most part, the students have got the message," Hamilton said. "If it changes their minds during this spring break coming up, I think we've done our jobs."
mpresser@statesman.com; 445-3601
Article by StatesMan.com
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