Austin DWI Lawyers
- Calamia Law Firm:
A DWI arrest can be a frightening experience. It can also be an experience that could have a dramatic impact on your driving privileges, your freedoms and your future. Seek legal help today from Calamia Law Firm, PLLC. We are dedicated to protecting your rights every step of the way and securing the best possible outcome on your behalf.
- Garvin, Dax:
¤61-2-10b. Malicious assault; unlawful assault; battery and recidivism of battery; assault on police officers, conservation officers, probation officers, humane officers, emergency medical service personnel, firefighters, fire marshal, Division of Forestry employees and county or state correctional employees; penalties.
Probably the longest link I've entered to date and hopefully will ever create in the future is actually the title of a statute written in West Virginia. I learned about this story from a friend of mine who called and mentioned it in his daily news digest, then with a quick gander online, I found the story.
A man who was arrested for Driving while Intoxicated was also filed on for a misdemeaner where he faces jail time for allegedly passing gas in an officer's direction. So he was flatulent, so he allegedly fanned it in the officer's direction... even given those behaviors, does it justify putting him in jail?
Below is the portion of the statute that governs this charge:
(c) Battery. -- Any person who unlawfully, knowingly and intentionally makes physical contact of an insulting or provoking nature with a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of a mass transportation system or Public Service Commission motor carrier inspector acting in his or her official capacity, or unlawfully and intentionally causes physical harm to a police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee, state correctional employee, employee of an urban mass transportation system or a Public Service Commission motor carrier inspector acting in such capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one month nor more than twelve months, fined the sum of five hundred dollars, or both.
What's the physical harm? Discomfort to the olfactory cells of the officer's nose? As a former officer, myself, I have smelled odors that I'd rather forget, but I would never even attempt to file a charge like this against an individual. I believe when officers take actions like this, although they may have what they believe is "probable cause" to justify their action(s), they lose credibility. Reputation in law enforcement is critical, as it is in any field... but this is just a classic case of "piling on charges" or heeping up the amount of accusations that the accused must resolve... I know in some places, the strategy is to file more so the person "must" plead to something ... as the risk becomes too great not to take a plea and have the other charges dismissed.
The best way to handle this, take note of the alleged action as "evidence of intoxication"... afterall, what sober and sane person would willingly fart and fan toward another adult?
- Dorbandt, Chris:
Driving While Intoxicated is a serious charge and you must take this matter seriously as well. A conviction can follow you for the rest of your life and the additional auto liability insurance charges alone could cost you thousands.
The law is complex; you need competent representation. The Courts generally will not allow you to represent yourself on a DWI charge. You must raise the right defenses at the appropriate time, or lose them. Facts can disappear, memories fade and witnesses vanish. A winnable case can quickly become a losing battle.
If your license is confiscated and you are not complying with driver's license laws, you could lose your right to drive. Don't make another mistake by driving after your license has been suspended or invalidated; you risk being incarcerated again, charged with another offense, and assessed additional fines and court costs along with lengthier probation terms and conditions.
Don't fail to appear in Court. The Court will issue a warrant for your arrest and forfeit your bond. An arrest warrant will issue and the prosecutor's office will file a civil lawsuit against you for the amount of the bond. The next time you are stopped, you will spend additional time in jail, and you'll have to post a higher bond before being released for future court appearances.
Don't talk to anyone but an attorney about your case. Anything you say to them can and will be used against you. Finally, don't make the mistake of hiring an attorney based on the amount of the fee alone. The State of Texas and the prosecutor's offices have almost unlimited resources when it comes to pursuing your case. You need to hire an attorney and pay a fee which will allow him or her to put time and effort into the case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their firm open and make a living wage. If the fees are inadequate, your attorney will not be able to expend the appropriate time on your case.
Field Sobriety Testing in Texas
Field Sobriety TestWhen stopped by a police officer, sheriff's deputy or state trooper, the first thing to know about roadside testing is that you are not required to perform them! You can refuse and it is your right to do so. Unfortunately, the police are not required to tell or explain this to you. The police perform hundreds of arrests a year and are wise on how to obtain your cooperation. Be cautious when confronted by a law enforcement officer. DonÕt act out or say too much. DonÕt agree with them when asked ÒdonÕt you think youÕve had too much to be driving tonight.Ó Every word you say is being recorded.
The State obtains DWI convictions in two ways: (1) if your blood/breath alcohol concentration is 0.08% or greater (by breath, blood or urine testing), or (2) if you have lost the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances.
Tests such as holding your head back with your eyes closed or bending over at the waist with your arms hanging in front of you, are designed to make you look foolish to a jury. They are not, however, standardized field sobriety tests. Even counting on your fingers in a complicated pattern, touching your nose with your arms extended, and the many other varied tests can be used by the officer during the field testing and instruction phase. There are no set rules, other than what the officer tells you, and you are being arrested, in part, on how you follow instructions. Nationwide, one of the most common tests is reciting the alphabet. Surprisingly, many sober people cannot accurately recite their ABC's, or they get confused when reciting them.
However, there are three tests that have been validated. If instructed properly, they may be used against you as evidence at your trial. A validation study was set forth by the National Highway Traffic Safety Administration (NHTSA) and the standardized field sobriety tests (SFSTÕs)are as follows:
The first test is the One Leg Stand. If instructed properly, the one leg stand has a 65% reliability of predicting that a person's BAC is 0.08% or greater. However, all of the proper instructions must be given to you for the test to be reliable. If you put your foot down three or more times, you are considered to have reached a decision point on the testing. If you stop at any point during the testing, you should be given the opportunity to resume the testing.
The second test is the Walk and Turn. If instructed properly, the walk and turn has a 68% reliability of predicting that a person's BAC is 0.08% or greater. However, all of the proper instructions must be given to you for the test to be reliable and it must be demonstrated properly by the officer; rarely is that done.
The third standardized test is the Horizontal Gaze Nystagmus (HGN). If instructed properly, the Horizontal Gaze Nystagmus has a 77% reliability of predicting that a person's BAC is 0.08% or greater.
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