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McKinney DWI Lawyers

1. Crowder, Darlina: Questions to ask your DWI Lawyer How much DWI experience does the lawyer have? DWI litigation in Dallas is one of the most complex areas of criminal law. Developing DWI expertise requires extensive knowledge of the law and procedure surrounding DWI litigation. Further, there is no substitute for DWI trial experience. Darlina Crowder has tried hundreds of DWI cases in the Dallas - Ft. Worth area at an extremely high rate of success. Any lawyer can accept a fee and subsequently plea a case, but a true DWI defense lawyer will have a proven record of winning. What part of their practice is devoted to defending DWI cases? DWI laws and techniques in defending DWI's are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of current laws, trends, and what occurs in Courts everyday. Does your lawyer get his continuing legal education (CLE) hours at general seminars or do they concentrate their CLE's on DWI specific seminars? The better DWI lawyers get their CLE credits at DWI specific seminars and will be a member of the National College of DUI Defense. How many DWI cases have they handled? Experience counts, especially trial experience! There is not a set number of cases or trials to say a lawyer is qualified to defend you, but a lawyer who does not concentrate a majority of his practice to DWI defense, and handles the occasional DWI, is unlikely to have the necessary experience to successfully defend you. How many of their cases plead guilty? Far too many lawyers plead their clients guilty without conducting any real investigation and before they litigate any pre-trial issues. In my cases, pleading guilty is the last resort rather then a first option, and never takes place until a complete and thorough investigation and review of all the evidence has occurred. Additionally, prosecutors in Dallas do not respect lawyers who plead their clients guilty without any investigation, but they sure do like them. Those lawyers make the prosecutor's job much easier. They also do not negotiate plea bargains with them because the lawyers often take the first offer. It is important that the prosecutors know that the lawyer representing you will fight for you and that he has a reputation for winning in trial. I have had many cases dismissed on the day of trial when the jury is outside the courtroom and I am at counsel table reviewing the jury list ready to go to trial. Are they affiliated with the National College for DUI Defense? The National College for DUI Defense is a nonprofit professional organization dedicated to the dissemination of information on drunk driving litigation and to improving the quality of DWI defense lawyers. Its mission is to provide the best advanced legal training to the DWI defense lawyer to ensure greater success in defending people against the sanctions of a DWI conviction. You will find the best DWI lawyers are active members. Do they own a copy of "Texas Drunk Driving Law" and "Drinking/Driving Litigation Criminal and Civil" textbooks? These textbooks are designed to educate the lawyer on changes in DWI laws and to assist them in increasing their trial skills and techniques. Many lawyers consider these two books an essential resource for DWI defense, and agree that an attorney cannot do a competent job of defending people accused of DWI without them. A lawyer who is serious about winning your DWI case should have copies of both. Do they receive the "DWI Journal" and "The Drinking/Driving Law Letter"? These publications are also designed to educate lawyers on changes in DWI laws and gives in-depth analysis of important rulings on DWI cases from across the nation. Many valuable hints and strategies are obtained from keeping up to date with these publications. Are they familiar with the breath test machine used in Texas? To the average Dallas defense lawyer, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DWI defense attorney, a failed breath test in no way means you are, or will be found, guilty. Especially in a case involving a failed breath test, the lawyer's understanding of how the breath test machine works, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing. Does your lawyer own a copy of the Texas Breath Alcohol Testing Regulations? Can your lawyer tell you a list of the breath machines shortcomings off the top of his head? If the lawyer cannot answer these two questions positively, you may want to look elsewhere. Are they skilled in the proper administration of Standardized Field Sobriety Tests? Most DWI prosecutions in Dallas involve results of "field sobriety tests", some of which have been the subject of scientific studies conducted by the National Highway Traffic Safety Administration (NHTSA, pronounced as "Nitsa") and police agencies who knew their work was being scrutinized. NHTSA has admitted that these tests, in order to be reliable, must be administered in the "prescribed standardized manner" each and every time they are administered. Any deviation from the prescribed standardized manner affects the tests accuracy and reliability. It is essential that your lawyer know which field sobriety tests have been approved by NHTSA and how to determine if any deviation occurred when the tests were administered to you. Also, your lawyer should have a copy of the police officer's student training manual for field sobriety testing. If they do not have one, you may want to look elsewhere. If they do, does it look brand new or used? That will tell you a lot. Do they have any specific Field Sobriety Test training? Often the better lawyers will have some type of formal Field Sobriety Test training. Some lawyers have been certified in administering these tests. I have specifically trained police officers on how to properly administer field sobriety tests, as well as how to write reports, investigate DWI's, and most importantly, how to testify in front of juries. Will they handle my license suspension case in addition to the DWI charge? When you are arrested for DWI, you actually have two different cases as a result. One is the DWI and the other is the hearing on the suspension of your drivers' license (Administrative License Revocation hearing, commonly referred to as the "ALR" hearing). Many lawyers who do not aggressively defend DWI's do not handle ALR hearings. If the lawyer does not personally handle both, you may want to look for a different lawyer. Is there a proper way to handle the hearing on the suspension of my license? Many Dallas lawyers take the easy approach and will either not have a hearing on the suspension of the license or will conduct them over the phone by conference call with the prosecutor and judge. In most cases, the proper and most effective manner to handle these hearings is in person in the courtroom, and only after subpoenaing the arresting officer. This takes more time, but the lawyer gets to look the officer in the eye, determine if they would be a strong or weak witness for the prosecution in your DWI case, and get sworn testimony about the facts and circumstances surrounding your arrest. This is where your real defense begins. You also need to find out if your lawyer will personally handle the hearing, or if he will let an associate do it. Remember, there is no substitute for the real thing. Will the lawyer I hire handle all aspects of my case? Some lawyers take on too many cases and have associates or friends handle important aspects of cases for them. These associates or friends may not have the necessary knowledge and skill to effectively represent you. From time to time, I do assist my partners with their DWI cases. They bring me in on their defense because of my knowledge, expertise, and proven record of winning DWI's. But if you hire me, I will personally handle all aspects of your case. What will a good Dallas DWI defense lawyer cost? This is a very difficult question because every case if different. In general, the lower the fee, the less experience the lawyer has, and the greater your chances of being convinced by your lawyer that you should plead guilty. Some lawyers offer low fees with payment plans while other lawyers offer skill, experience, and a proven track record of winning. You usually do not find both in the same lawyer. It's been said many times that; "Good lawyers aren't cheap, and cheap lawyers aren't good!" Often times a "cheaper" lawyer is actually more expensive! The lower the fee, the more affordable they are to the public in general, and the greater the likelihood they will have more clients than they can handle effectively. This means they will have less time to represent you and your chances of being convicted go up, and convictions are expensive. Be sure you have a clear understanding of the fee the lawyer will charge, as well as what the financial penalties are for pleading guilty. Your financial obligation to the lawyer should also be in writing. Automatic License Revocation (ALR) Summary of Texas Administrative License Revocation (ALR) Law ("Automatic License Revocation") Texas is one of many states to have an implied consent law. This law states that each person who has applied for and been granted a license to operate a motor vehicle on a public roadway has impliedly consented to providing a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusal to submit to testing (Texas Transportation Code ¤¤724). Texas appellate courts have also held that an individual does not have the right to consult with an attorney before making the decision to refuse or provide a requested specimen. If there was an accident which produced serious life-threatening injury or possibility of death, a citizen can be compelled to provide the requested sample. Substantial and significant changes in how suspensions under implied consent violations went into effect January 1, 1995. Each year the Texas Legislature meets, the topic of DWI is addressed in some fashion. Significant changes in this law removed jurisdiction from Justice of the Peace Courts (J.P.) And established a new bureaucracy called the State Office of Administrative Hearings (SOAH). This bureaucracy is staffed by "pseudo-employees" of the Texas Department of Public Safety (TDPS) and given the direct objective to increase the number of license suspensions for persons refusing to provide the requested sample of breath or blood. This new law also added suspension for providing a specimen upon request that indicated an alcohol concentration above the legal limit (0.08 gm/210 l - breath or 0.08 gm/100 ml - blood). Another major change in the prior law withheld from the SOAH Administrative judge, the authority to "probate" or "suspend" any period of license suspension that was ordered. As a result, the TDPS objective of suspending more licenses has been achieved. The burden of proof at the ALR hearing is on the Department of Public Safety. The following elements must be proven only by a preponderance of the evidence and not beyond a reasonable doubt as in criminal matters: 1. Refusal to Provide Specimen. 2. That reasonable suspicion to stop or probable cause to arrest the Defendant existed. 3. That probable cause existed that the Defendant was driving or in actual physical control of a motor vehicle in a public place while intoxicated. 4. That the Defendant was placed under arrest and was offered an opportunity to give a specimen of breath or blood under the provisions of Texas Transportation Code Chapter 724 AND... 5. ..that the Defendant refused to give a specimen on request of the officer. It is important to note that "refusal" for purposes of suspension is any failure to provide the requested specimen for any reason. Examples of what courts have deemed refusal are: requesting an attorney, insufficient sample as measured by the machine, failure to make decision in a timely manner, etc. Providing a Specimen of 0.08 or Greater As stated earlier, providing any sample that yields an alcohol concentration of 0.08 or greater can also result in the suspension of driving privileges under the current Texas law. The issues to be proven at a failure hearing are: 1.That reasonable suspicion to stop the Defendant or probable cause to arrest the Defendant existed AND... 2...that the Defendant had an alcohol concentration of a level specified in ¤¤49.01 of the Texas Penal Code while driving or in actual physical control of a motor vehicle in a public place. Without any prior alcohol or drug related contacts occurring within the preceding 5 years,the periods of suspension are: Age of Driver Refusal Penalty Failure Penalty 21 or Older 180 days 90 days Prior Contact Within 5 years Up to 2 years Up to 2 years Minor(<21 at arrest) 180 days 90 days Prior Contact Within 5 years Up to two years Up to two years NOTE:"Prior alcohol/drug related enforcement contact" used to lengthen the period of suspensions state above is defined as " a driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from: 1...a conviction of driving while intoxicated or..." 2...a refusal to proved a requested specimen or..." 3...providing a specimen showing an alcohol concentration of a level specified in ¤¤49.01 Texas Penal Code ( alcohol concentration > 0.08)..." Hearing Request Provisions WARNING !! The ALR suspension is AUTOMATIC...UNLESS you request a hearing on the issue, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form (generally received on the day of arrest). If a hearing has not been timely requested, the suspension will automatically begin on the fortieth (40th) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing and all appeals have occurred. (Call our office immediately for assistance if you think your license is at risk- 214-544-0061) Reinstatement of Drivers License After Suspension If a suspension is ordered either automatically or after hearing, a driver must submit a reinstatement fee of $125.00 to TDPS before the license will be reinstated. I advise my clients to send their fee to TDPS as soon as they learn that a suspension has been ordered. Again, because of the huge bureaucracy that has been created under the new law, waiting until the 60th or 90th day to submit your reinstatement fee will prolong reinstatement of your license until the fee has been both received and entered on the TDPS computer system. There is a special TDPS form that must be submitted to reinstate your driving privileges. This form together with the reinstatement fee must be paid by money order, cashier's check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to: Driver Improvement and Control Texas Department of Public Safety P.O. Box 15999 Austin, Texas 78761-5999 NOTE: Driving privileges will be suspended INDEFINITELY until the Reinstatement fee has been received and posted on the TDPS computer.