Houston Criminal Law Journal DUI, DWI Lawyer & Attorney : Madrid, Martinez & Associates

You have probably heard the news about Tiger Woods in which he allegedly crashed his Cadillac Escalade at approximately 2:25 a.m. last Friday into a neighbor's tree. The media has been in a frenzy speculating what if anything Tiger or his wife could be charged with.

Tiger for his part has done little to quell speculation. He hasn't spoken to the media except through a released statement through his website TigerWoods.com, "This situation is my fault and it's obviously embarrassing to my family and me,I'm human and I'm not perfect. I will certainly make sure this doesn't happen again. This is a private matter and I want to keep it that way. Although I understand there is curiosity, the many false, unfounded and malicious rumors that are currently circulating about my family and me are irresponsible."  Some in the media have taken this to mean that Tiger is hiding something and continue to debate how this will affect his career. The simple answer is that it will not. Tiger Woods will continue his career and retire as the greatest golfer to ever play the game. He will continue his charity work and he will earn over a billion dollars in tournament victories and endorsements. Its just a slow news week between Tiger and the White House party crashers.

The real lesson that Tiger is teaching the American public is that you have a right to remain silent. You do not have to talk to the police. If the police want to charge Tiger Woods with Driving While Intoxicated (DWI, DUI), Domestic or Family Violence Assault, Criminal Mischief or whatever other charge the media will think up, they can do it.

If they have evidence then charge him, if not then move on. Tiger Woods nor anyone is required to speak with the police and make a case for the police. The police have a job to do which we all respect. We all have rights which we are happy to have and assert. The media and public often forget one of the basic tenets of the American Justice System, the Presumption of Innocence.

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You have probably heard the phrase, "Be careful what you ask for, you just might get it." This is a phrase that rings true many times in the Criminal Justice arena. Every day someone is facing a harsh penalty and has the option to choose a certain sentence through a plea bargain or step up to the plate and assert their right to a jury trial.

It is a scary position to be in because there is no certainty. If you hang around a criminal courthouse after a verdict and hear lawyers talking you will likely hear the question, "What was the offer?" If a defendant gets hit with a big sentence and was offered much less it has to hurt so much more. Of course it is the criminal defense attorneys job to evaluate the case and make a recommendation to the client. Regardless of the whether the client follows the recommendation the attorney must be prepared to defend the client's rights. On the flip side the State's attorney must evaluate the case and determine whether it should be dismissed or plead.

Just the other day my law partner, Herman Martinez and a client of ours faced such a moment. The client who was charged with Driving While Intoxicated (DWI) was offered a Pretrial Diversion which would have kept a conviction off of his record. He opted for trial. A couple of weeks before trial the client changed his mind. We contacted the District Attorney's office and were informed it was too late, our client had lost his chance and the deal was off the table. Fair enough. Herman prepared for trial. The prosecutor wanted a conviction and the client really didn't want a trial but no longer had the option of the Pretrial Diversion.

The first witness was the arresting  officer. Herman did an exceptional job during cross-examination in attacking the officer's administering of the Field Sobriety Test. It wasn't pretty. The prosecutor knowing where the trial was headed dismissed the case. As the saying goes, "Be careful what you ask, you just might get it."

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                                                                                                                                                                         Judge Marc Carter, a United States Army veteran, and presiding judge of the 228th District Court of Harris County, will add to his judicial duties.  He will be presiding over a new Veterans’ Court Program in Harris County, that will be the first of its kind in Texas. The goal of this court will be to give a second chance to veterans facing criminal charges. 

The court will aid veterans who turn to drugs or alcohol because of a brain injury or post-traumatic stress disorder related to combat. The Harris County Commissioner’s Court approved a six-month pilot of the veterans’ court earlier this month, that will assist honorably discharged veterans or current members of the military who suffer from mental illness, mental disorder and/or substance abuse because of their military service. In order to be eligible for the pilot court a felony or misdemeanor defendant must be probation eligible and want treatment. The probation will require a defendant to undergo six months of treatment for substance abuse or mental illness at the Michael E. DeBakey Veterans Affairs Medical Center in Houston.

If you or someone you know needs the assistance of a Houston Criminal Defense Lawyer or a Houston DWI Attorney contact me at (713) 225-1038,

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As a Houston DWI Lawyer I witness law enforcement use the breath test as a major source of evidence in building a case of intoxication against a driver suspected of being intoxicated. A consequence of not blowing is a possible license suspension. The accused has to make a decision to blow or lose their license. If you don't trust the machine and thus the results should you blow knowing this may lead to a criminal conviction? Of course not. But the consequence may mean the loss of your license. That is why it is imperative that you fight the suspension.

 It is important to note that the rules are not created to help the accused. If you win the Administrative License Revocation Hearing and thus your license is not suspended, plus either are found not guilty or have your case dismissed, you still face suspension in the future if you have a refusal within a 10 year period. That's right, even if you are found not guilty and your license is not suspended at the ALR. If you are stopped again and accused of DWI and do not blow, the second contact can lead to a 2 year license suspension.

The best thing to do is not get yourself in the situation, but if you do you must fight it every step of the way.  If you need the assistance of a DWI Attorney in Houston please contact our law firm at (713) 225-1038,

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Earlier this year when the Harris County District Attorney's Office started the DIVERT program for first time DWI defendants Judge Mike Fields was one of two Harris County, Texas misdemeanor judges that would not participate with the program.  This caused me concern since that meant I would have to explain to a client why someone in one of the other 13 misdemeanor courts would be eligible for the DIVERT program, while they would not be because their DWI case landed in one of the two formidable courts.

I was hopeful that this would be a temporary arrangement by these judges.  Not surprisingly, Judge Fields was clear to state that he would grant traditional pretrial diversion for defendants in his court, but would not follow the DIVERT program as presented to him.  Despite his position as a Houston DWI lawyer I held out hope that he would change his mind particularly when it concerned a specific client.   Luckily, I was recently alerted to the fact that Judge Fields had changed his mind towards the program.  Today, my optimism was rewarded by having him grant my client the opportunity to enter the DIVERT program.  By allowing him this opportunity Judge Fields saved my client's business and allowed all my client's employees to rest easier this holiday season.  I do not know what changed the Judge's mind, but he made several people overjoyed by his shift in opinion.

I think it is feasible that Judge Bill Harmon will also change his position and start allowing the DIVERT program in his court in the near future.  The citizens of Harris County, Texas deserve uniformity by the misdemeanor judges on this issue. 

If you need the assistance of a Houston DWI Attorney please contact our law firm at (713) 225-1038.

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Over the years there have been many field sobriety tests used to determine if someone is intoxicated.  Currently,  Houston police officers typically use three tests called the Horizontal Gaze Nystagmus, walk and turn, and the one leg stand when investigating a DWI in Houston.  My Scottish in laws where kind enough to share their straightforward test to determine if someone is intoxicated..  I think everyone would agree that the man in the video is a wee bit intoxicated.

If you need the assitance of a Houston DWI Attorney please contact our law firm at (713) 225-1038 or click here to visit our website.

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In the near future, I am sure there will a few best of 2009 lists coming out so I wanted share an unique DWI list.  Here are some of the oddest DWI arrest for the 2009 year.  Feel free to tell me which one is your favorite.

http://www.wptz.com/cnn-news/20421679/detail.html (driving a snowmobile while intoxicated)

http://www.joplinglobe.com/local/local_story_215223733.html (dawn mower man gets a DWI)

http://www.thesmokinggun.com/archive/years/2009/1022091lazboy1.html (driving a La-Z-Boy while intoxicated)

http://edition.cnn.com/2009/CRIME/03/31/barstool.dui/ (DWI while on a barstool)

http://www.thepittsburghchannel.com/news/21605132/detail.html (Lawn tractor driver gets arrested for DWI)

If you need the help of a Houston DWI Lawyer please click here to visit our website or call us at (713) 225-1038.

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If you are thinking of driving a car in Ireland you better not have a drink before getting behind the wheel.  While the Irish are stereotypically depicted as heavy drinkers with a devotion to their Guinness they better not drink even one imperial pint of their celebrated beer before driving.  Until recently. Ireland's legal limit for DWI was .08.  Now, Ireland will become another country in Europe with a legal limit of .05 for the prosecution of driving while intoxicated cases.  They will be joining Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Latvia, Netherlands, Portugal, Slovenia, Spain.  What I found curious is that Lithuania's legal limit is .04 and Norway, Poland, Sweden's legal limit is .02.  A true zero tolerance for drinking and driving is found in Estonia, Romania, Slovakia, Czech Republic, Hungary.

Advocates for lowering our legal limit will certainly cite the international trend of lowering the legal limit for driving while intoxicated.  I foresee the legal limit being lowered once again in Texas to 0.05 or lower within ten years.  That would be the second time the legal limit will be changed since I became a lawyer.

 If you need the assistance of a Houston DWI Attorney please contact me at (713) 225-1038.

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Part of being an attorney is keeping up with all changes in the law, and discovering different ways to defend criminal cases. That is why I enjoy going to seminars.  While at these seminars, I learn a lot.   I network with attorneys from other states and jurisdictions.  Recently, I attended a DWI seminar in Illinois that allowed me to network with DWI attorneys across the country that provided me with new insight into defending DWI cases.  Coincidentally,  this week an Illinois attorney that I met at the DWI seminar was able to contact me regarding a Texas license issue.  Her client, a Texas resident, had the misfortune of being arrested in Illinois for DWI while on vacation.  I was glad to assist her since I am sure she will be reciprocating my requests in the future.

If you are searching for a DWI lawyer in the Houston area please contact me at (713) 225-1038.

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