Houston DWI Lawyer | DWI Defense in Houston, TX

I wanted to make sure that everyone knew that after practicing law in the Williams Tower for Seven years I have moved my office to the River Oaks Tower.  Hopefully, my clients will find this new building much easier to reach since traffic on Kirby Drive is typically not as bad as the traffic around the Galleria, Westheimer. As always, parking for my clients is free.

So far, clients seem to be liking the new location, and the office itself.  I hope so because I am trying to give it more of a home feel as oppossed to a stuffy office.

If you would like to contact me please call 713-242-1779 or email me at hmartinez@mmalaw.com.

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It is not often as a criminal defense lawyer that I get to use a State's witness against them.  There are many highs and lows during a trial, but it is always uplifting as an attorney when you know that you are in control of a prosecutor's witness.  It is most common in assault family violence trials where the complaining witness wants the charges dropped against your client, but the State presses on to trial despite their request. Recently, I was in trial for a theft/shoplifing case where I could not believe that the prosecutor was putting on a witness  that I knew would say exactly what I wanted her to say, to the benefit of my client.  I am not sure if the prosecutor failed to speak to her beforehand, she only told him what he wanted to hear, or was not aware how easlily influenced she would be by an experienced trial attorney.  Nevertheless, it felt so good to have her admit that my client had not assisted in the theft despite driving her to the store. I was pleased when the jury returned a quick "not guilty' verdict.

If you find yourself needing to talk to a lawyer please do not hesitate to contact me at 713-242-1779.

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According to the Innocence Project, a national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals,  eyewitness misidentifications have contributed to the wrongful conviction of 72% of the 289 people exonerated (as of January 2012) through post- conviction DNA testing in the United States. That is an absolutely alarming statistic.

Most criminal prosecutions do not play out like an episode of CSI. While scientific evidence is used in criminal prosecutions, the overwhelming number of cases is prosecuted using eyewitness testimony. For example in an aggravated robbery  case often times the only evidence presented is the testimony of the victim. If that evidence is not accurate the strong possibility exists that innocent people can and have been wrongfully convicted and sent to prison.

Fortunately there is a movement to reform eyewitness identification procedures. In Texas, last year the State Legislature enacted legislation codified in Texas Code of Criminal Procedure Article 38.20 to require all Texas law enforcement agencies to adopt written eyewitness-identification policies based on the best practices proven effective by scientific research on eyewitness memory.

It is imperative that defense attorneys cross examine law enforcement and witnesses on the procedures used in photo arrays and lineups to ensure that the jury is aware if there is a possibility of a misidentification.

If you or someone you know is need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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While on vacation in Banff, Canada I spoke to a local lawyer that enlightened me about their travel restrictions with a criminal record.  I have previously stated that a DWI conviction may preclude someone from traveling to Canada.  Nevertheless, all hope is not lost.

 Since the Goverments of the United States and Canada continually share information to improve their borders entry with a criminal conviction may be difficult. They have more information than ever on a person visting Canada. This may cause individuals with a criminal record to be denied entry, this is called criminal inadmissibility.   In most cases, individuals who have been convicted of an offense will require special documentation permitting them to enter Canada.

What is Criminal Inadmissibility?

Individuals, who have been convicted of an offense outside Canada that is equivalent to a Canadian Federal Offence, may be inadmissible to Canada. In order to make this determination, the Canadian equivalent must be examined along with its maximum sentence.

If an equivalent can be established is whether the conviction constitutes a summary or indictable offence. Most Federal offences are hybrid offences, which will render a person inadmissible to Canada. Having been convicted of one summary offence will not make an individual inadmissible. 

Individuals with one indictable offense on record (for example a DWI) are criminally inadmissible to Canada. They can overcome this in 1 to 2 ways:

·         Deemed Rehabilitated by the passage of time: More than 10 years have passed from the completion of all probationary periods and retirement of fines.

·         Criminal Rehabilitation Application: Individuals are eligible to apply for criminal rehabilitation after 5 years have passed from the completion of all probationary periods and retirement of fines.

Either one of these possibilities ensures that prior convictions are no longer grounds for refusal of entry to Canada. The expungement of a conviction also renders prior offenses obsolete

If the proscribed time period before eligibility for Criminal Rehabilitation has not yet elapsed, individuals may wish to apply for a Temporary Resident Permit, depending on the gravity of the offense, the amount of time that has passed, and the reason for their need to enter Canada. These permits may be issued for 1 day- 3 years, or may be refused entirely. It is completely within the discretion of the individual immigration officer assessing the application.

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Sexual Offender Registration laws in Texas has been enforced for the last twenty years. The first sex offender registration laws in Texas went into effect on September 1, 1991. The laws have bee amended every legislation since that time.

The key to registration is whether a the person has a "reportable conviction or adjudication." If they do, they must register as a sex offender or face a new felony offense for failure to register as a sex offender.

Prior to September 1, 1997, the sex offender registration laws were prospective in application. A person convicted of or adjudicated for a sex offense before the law required registration for the offense did not have to register. On September 1, 1997, the registration requirement was made retroactively applicable to any person whose "reportable conviction or adjudication" occurred on or after September 1, 1970 if the person was still in the Texas criminal justice system for that offense on or after September 1, 1997.

Texas Code of Criminal Procedure Article 62.001(5) is the controlling statute and defines "reportable conviction or adjudication" as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication.

Again, if a sex offender fails to follow the rules of registration, they will be charged with a felony.

If you or someone you know is in need of a Sexual Assault Attorney in Houston call Houston Sexual Assault Lawyer Mario Madrid at 713-877-9400.

Si usted necisita ayuda con un abogado en Houston llame a mi oficia 713-877-9400.

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I have come to the conclusion that trying to continually updating three criminal law related blogs, tweeting regularly all the while maintaining a thriving law practice is unmanageable.  Unlike other lawyers and law firms that I know I write every blog entry myself.  While I have neglected this blog over the past year I have tried to regularly write on my blog that is linked to my Houston Criminal Defense website, www.mmalaw.com.  With this blog I cover the same type of issues that I covered here like sexual assault, bond issues, and theft.  Additionally, I discuss DWI issues exclusively on my Houston DwI Lawyersite, www.dwiattorneysinhouston.com.  Thus, I do not see the reason to post duplicitous information on this site.

Nevertheless, since there is so much information that I have created over the years on this site I will stay active for the foreseable future.

If you would like to contact me please call me at (713) 242-1779. 

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The Fourth Amendment protects individuals against unreasonable searches and seizures. Except in certain carefully defined classes of cases, a search of private property without proper consent is unreasonable unless it has been authorized by a valid search warrant. The bottom line is that in most circumstances, the government cannot knock your door down or enter your house without a valid search warrant or your consent. You have a right to say to no and keep the police out of your house.

However, if you give them permission or consent to enter they are free to do so. In State v. Weaver, 349 S.W. 3d 521 (Tex. Crim App. 2011) the court determined that the State exceeded the scope of the consent.

In the case, four police officers came to the defendant, Weaver's welding shop looking for a person wanted in another county. Mr. Weaver gave the officers consent to search for that person. The officers, over  Weaver's objection, ended up searching a van on his property and finding drugs in it. The trial judge granted Mr. Weaver's motion to suppress because he found that the search of the van exceeded the scope of Mr. Weaver's consent. The court of appeals, affirmed. The Court of Criminal Appeals, (Texas' Criminal Supreme Court) agreed and  affirmed the judgment of the trial court and that of the court of appeals.

A person is free to limit the scope of the consent that he gives. If police rely on consent as the basis for a warrantless search, they have no more authority than they have apparently been given by the consent. If the police had either a valid search warrant to search the van or consent to search the van, the drugs would not be suppressed. However, no warrant or permission to search the van existed, therefore the police had no authority to search the van.

The lesson is that you do not have to give the government consent, you can say no or yes to a limited scope and no to a further search. Our founding fathers wrote the fourth amendment to protect us from unreasonable searches. You can always avail yourself of that protection. When you give it up by consenting you may open yourself unwanted prosecution.

If you are someone you know is in need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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I had the pleasure of representing someone in a DWI trial last week in Harris County, Texas.  The young woman had her mother and father supporting her throughout the entire process.  They even took two days off from their jobs to support her during her trial.  I was grateful to have them there  It certainly helps a jury to see a defendant's family members behind us during trial.  In this instance, the jury provided her father with a memorable 60th birthday present.  A NOT GUILTY verdict.

If you seek the help of a DWI lawyer in Houston please do not hesitate to contact me at (713) 242-1779.

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  Texas DWI Laws are vigorously enforced and the local police departments as well as the prosecutors are tough on people who drink and drive. The allowed legal limit of alcohol content in Texas is less than 0.08%. Anyone having an alcohol concentration of 0.08 or more may be charged with DWI.

When it comes to dealing with a DWI charge in Houston, Harris County, Texas, a lot of issues have to be looked at. Some common questions concerning Texas DWI laws have been answered below:

What is the difference between DUI and DWI in Texas?

According to Texas, DWI or Driving While Intoxicated not only refers to intoxication by alcohol, but it also includes intoxication through other drugs and controlled substances or their combination. On the other hand, DUI or Driving Under the Influence is a term which is used for offenses that involve minors. This means that anyone under the age of twenty-one operating a vehicle in public place under the influence of alcohol or any other controlled substance or drug may be charged with DUI.

What should you do if you have been stopped by the police as a drunk driving suspect?

First of all, if you have been driving after having a couple of drinks and the police stops you to ask questions regarding drinking, do not panic. The officer will initially ask you to provide your drivers license and valid insurance when stopped, and you should know where to find them when you are driving. The officer will then try to engage you in a conversation to see if you are okay to drive. If you have had a drink or two before driving, and the officer smells alcohol on your breath, he will most likely ask you if you have been drinking and how many drinks have you had. Informing the officer that you have had one or two drinks is alright. While answering questions, make sure you stay focused, courteous and respectful at all times.

As an American citizen, you have the right to drink responsibly, and if the conversation goes smoothly, you do not have anything to worry about. However, it is important that you listen to the questions asked by the police officer and answer them accordingly.

What signs of intoxication will the police officer look for?

When someone is stopped on the roadside for signs of intoxication, the police officers try to look for symptoms of impairment. These symptoms include signs like flushed face, bloodshot or red, watery eyes, slurred speech, fumbling around when trying to look for the license, failure to comprehend and answer the officer’s questions properly etc. If the officer identifies any of these symptoms, he will ask you to step out of the vehicle to see other signs of intoxication such as being unsteady on your feet, swaying while standing and leaning against the car for support.  Please keep in mind that not all of these signs are recognized signs of intoxication and may be clues of other things like being tired from a long day or allergies.

Should you contact a lawyer when you are stopped for a DWI investigation?

If you are a Harris, County Texas resident, you should know that Texas law does not provide the right to an attorney initially to persons stopped for DWI. In fact, the right to speak to an attorney is not entitled to any person stopped and investigated for DWI until the initial investigation on the street is complete and you are taken to jail. Nevertheless, nothing stops someone from calling a Houston DWI lawyer while being stopped by a police officer.

What should you do if you are asked to submit to FSTs or a blood, breath or urine test?

As a DWI suspect, you have to know that the police will want to make their case against you stronger, and they will ask you to submit to Field Sobriety Tests, breath or blood tests. Taking the Field Sobriety Tests is not a good idea as they are designed in such a way that even people that have not been drinking can end up failing them. You can respectfully decline if the officer asks you to submit Field Sobriety Tests.

You also do not need to submit to any road side breath tests as the machines used at the roadside are unreliable, inaccurate, and inadmissible in a court of law to prove intoxication.

I realize that this post is too late for someone that has been arrested for DWI in Harris, County, Texas, but it may be useful for those that have questions after their arrest.  If you would like to talk to a Houston DWI lawyer that is experienced with the court system please contact me at (713) 242-1779.  Most of my clients have never been arrested for DWI.

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