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

As a DWI attorney I hate when the state assumes that my clients are guilty.  Like the city of of Honululu, Hawaii, the Montgomery County, Texas District Attorney's Office, a neighboring county of Harris County, Texas is trying to scare its citizens from getting arrested for DWI.  The Montgermery County Office has started a Twitter page that lists anyone that gets arrested for a DWI in that county  Luckily, I rarely represent someone in that county for DWI since my practice consists of Houston DWI arrests.  Nevertheless, I would like to point out that I doubt anyone purposefully sets out to get arrested for driving while intoxicated.  In fact, the law does not require that  the person intentionally was DWI like most other crimes.  Most importantly, there is no plan in place for those people that are lucky enough to get their DWI cases dismissed or win at trial. This seems like a stunt that the media will give a lot of attention to initially, but will never be effective in detering anyone from driving while intoxicated.

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As a Houston DWI Lawyer I enjoying sharing what I know with other people.  They seem interested in how the DWI law has developed over the years.  Here are some DWI facts that people seem to be curious to know.

In 1939, Indiana became the first state to enact laws defining intoxication.

In 1960, the National Safety Council recommended that an alcohol concentration above 0.10 be considered prima facie evidence of intoxication.

Texas became involved in breath alcohol testing with pilot programs in the late 1940’s and early 1950’s.

 Texas began breath alcohol testing on a statewide level in 1968 using the Breathalyzer 4011AS-A and in 1988 the Intoxilyzer 5000 began being used.

Persons arrested for public intoxication are not be tested on the Intoxilyzer 5000.

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As a Houston Criminal Defense Lawyer I am always amazed when innocent people confess to crimes that they did not commit.  Many of friends find it unbelievable that this happens and think that is just me being a defense attorney.  The innocence project provides some insight into this dilemma.  I hope that after reading this article more people will have an open mind that an innocent person may provide a false confession to a crime that they did not commit.

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

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When someone calls our law firm asking whether they should talk to the police in a criminal investigation I always tell them it is never in their best interest to talk to the police.  Typically, the person is concerned about what may happen if they talk to the police especially if they do not speak English.  This is one of the easiest answers I can give as a criminal defense lawyer in Houston.  NEVER TALK TO THE POLICE!  I realize that the answer is counter intuitive to most people, but it is blunt and easier to understand. If you do not believe me watch this video where a law school professor and former criminal defense attorney explains our 5th amendment privilege in great detail.  Even the police officer that follows him in the lecture completely agrees with everything he said.

If you need the help of one of the best Houston criminal defense attorneys please contact our law firm at (713) 225-1038.

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Anyone that is a Houston DWI Lawyer should plan on attending the DIVERT information meeting tomorrow that is being hosted by the Harris County District Attorney's Office.  The meeting will take place in the Attorney Ready Room located on the 7th floor of the Harris County Criminal Justice Center at 11 am.

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

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Just because I am a Houston DWI Attorney does not mean that I am not interested in what other states do with their DWI cases.  For example, I recently learned that the Honolulu, Hawaii Police Department has gone to the extreme step of posting the mug shots of anyone that is arrested for DUI.  Proponents of the measure believe that this will deter drunk driving.  I disagree...first of all, none of these people have been convicted of anything before their pictures are posted on the website.  Second, I would wager that most people will overlook the website until they are arrested for DWI.  Third, what happens to the poor people that are arrested for DWI, but are not guilty of the crime.  I am confident that a lot of the 80 people that are arrested weekly for DUI in Honolulu will have their cases dismissed or found not guilty of DUI/DWI.   The harm that this will cause to these innocent people is not worth resorting to humiliation for those that may be guilty. 

If you have been arrested for DWI in Houston please contact our law firm if you have questions regarding your case.  Our phone is (713) 225-1038.

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The snow that fell in Houston today caused most of the people at the Harris County Criminal Justice Center to be even more eager to leave earlier than usual.  I had a court coordinator call me before the call of their docket at 9 a.m. to tell me that she planned on leaving early today along with the rest of the court due to the forecasted bad weather.  I figured that everyone will have the same plan today since it is Friday and the roads are going to be icy.  Myself, and a few of my friends had a chuckle about the city of Houston being paralyzed with a snow flurry when other cities around the country deal with this all the time without any trouble.

As I have said before, having a courthouse badge and parking in the Harris County parking garage allows me to avoid the inclement weather.  Today, I had a heavier suit on, but I did not need a topcoat or umbrella since I did not step outside.  I simply used the tunnel system from the garage to the criminal courthouse. 

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