It is just a DWI....Why did the criminal judge do that?

Charged with DWI consequenceWhen a client comes into my office I stress to them that they are presumed to be innocent.  I emphasize this because we are lucky enough to live in a country where that is the law.  Thus, I find it difficult to explain to my clients why a judge would order them to get an ignition interlock device for the vehicle if this is the case.   Frankly, I agree with them.  I understand if they have a previous conviction for DWI because the judge is required to order them to get the device.  Thus, we prepare them for this when they have multiple offense for DWI, have a high breath test, under the age of 21, or they were involved in an accident, but outside of these reasons they should not be required to bear the expense of this device.  Hopefully, the judges will start reevaluating this procedure during these stressful times.

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhouston.com.

Cypresswood substation not making DWI videos.

I found it unbelievable last week during trial the that the Cypresswood substation located in Harris County, Texas does not have a working  videotaping device for DWI cases.  According to Constable Norris, a Corporal with the Harris County Constable Precinct 4's Office, it is common knowledge that this is occurring, but it is not up to the constable's office to get the device in working order.  He is of the opinion that it is up to the Harris County District Attorney's Office to maintain the videotape machine in working order.  That statement completely floored both prosecutors trying the case and is completely wrong.  Most appalling, is that after speaking to other attorneys in the courthouse this is not the first time that this Constable has testified that a videotape was not made in a DWI case.  Constable Norris understands the importance of a recording of someone ac cussed of DWI, but cavalierly dismissed the idea during trial.  A DWI video not only allows a jury to see the accused for themselves, but allows a lawyer to review a police officer's actions during the tests.  It is quite common that an officer does not explain the test correctly, or follow the specific guidelines developed.  If an officer does this incorrectly the tests results are deemed invalid.

Since Kate Dolan, the Misdemeanor Division Chief, was in court during his testimony I am confident that she will look into this issue.  The citizens of Harris County deserve much better!

If you need assistance with your DWI case please contact our law firm at (713) 242-1779 or visit our website at www.dwiattorneysinhoustoncom.