Notable Wins

(See below for detailed case information)

Head-on Collision with .20 blood test—NOT GUILTY.  After causing a serious, head-on, collision and failing field sobriety tests, APD’s DWI Enforcement Team procured a search warrant to draw our client’s blood.  His blood alcohol came back at over .20.  We took this case to jury trial and our client was found NOT GUILTY.  State v. J.A.; Cause No. C-1-CR-11-202,139.

.174 Breath Test-HUNG JURY AND DWI DISMISSED.  After being stopped by police, our client exhibited signs of drunkenness and failed all of the field sobriety tests.  While trying to do the one-leg-stand balance test, he completely hopped out of view of the camera.  The prosecutors wouldn’t dismiss the DWI, so we took it to jury trial.  The trial resulted in a 3-3 deadlocked jury which, on a high test case, many consider to be a win. After the mistrial, we were able to convince the prosecutors to change their mind and DISMISS the DWI.  State v. K.E.  Cause No. C-1-CR-09-203,757.

.26 blood test on a  “No Refusal Weekend”— DWI DISMISSED.  The police were called because our client was creating a disturbance in a parking lot.  Upon arrival, his speech was slurred, he was swaying, and he failed the police sobriety tests.  Since it was a “No Refusal Weekend,” a search warrant was obtained to get a sample of his blood for analysis.  The analysis, which was valid, showed an alcohol concentration of .26, which is over 3 times the legal limit.  Against all odds, our firm was able to get the DWI DISMISSED.  State v. S.S.; Cause No. C-1-CR-11-221,501.

.20 blood test on a “No Refusal Weekend”— DWI DISMISSED.  After being stopped by the police, our client was swaying, had slurred speech and failed all the field sobriety tests. A search warrant for blood showed an alcohol concentration of over .20.  We were able to get his DWI DISMISSED. State v. G.B.; Cause No. C-1-CR-09-217,208.

Single-car collision with .16 breath test and vomit next to car- DWI DISMISSED.  911 callers alerted police to our client, who had wrecked his Jaguar and was in a parking lot with vomit next to his car.  He was drunkenly trying to change his tire when the police came arrived.  After showing extreme signs of intoxication and failing the field sobriety tests, he was arrested.  He then blew a .16 at the jail.  We were able to get his DWI DISMISSED.  State v. D.M.; Cause No. C-1-CR-07-206,883.

DWI 2nd with .14 Breath Test-DWI DISMISSED.  Our client, a computer engineer for a large corporation, was stopped after he came too close to a police officer who had pulled over a different motorist.  He was arrested after exhibiting signs of intoxication and failing the field sobriety tests.  At the jail, he blew a .14.  This was actually his third DWI arrest, but we had gotten the last one dismissed, so it was classified as a second.  We were able to get this DWI DISMISSED too!  State v. M.V.  Cause No. C-1-CR-11-206,227.

Client failed field sobriety tests and was verbally abusive to officer-NOT GUILTY.    Our client, a recent college graduate, was stopped at 2:30 am in the University area for running a red light.  He smelled like alcohol, couldn’t maintain his balance and had slurred speech.  When the officer gave him the police field sobriety tests, he exhibited every sign of intoxication that the officer is trained to note.  After being placed under arrest, he proceeded to berate the officer with curse words and insults all the way back to the station (this was all captured on videotape).  The prosecutors refused to dismiss the case, so we proceeded to jury trial and our client was found NOT GUILTY.  State v. A.G.; Cause No. C-1-CR-08-211,770.

Client drove into ditch and thought he was in Abilene-NOT GUILTY.  Our client, a commercial truck driver, was driving directly in front of a police officer when his vehicle suddenly veered off the road and went into a ditch.  Police discovered him unconscious at the wheel.  Upon waking up, the police asked him if he knew where he was and he stated that he thought he was in “Abilene” (. . .he was in Austin).  His speech was heavily slurred, he admitted to consuming at least 5 whiskey drinks, and he failed the field sobriety tests.  We took the case to trial and the verdict was NOT GUILTY.  He still has his Commercial Driver’s License.  State v. G.E.; Cause No. C-1-CR-06-739,297.

Unconscious at railroad crossing with vehicle in gear and foot on brake-NOT GUILTY.  Our client, a recent college graduate, was unconscious at a railroad crossing with her car in gear and foot on the brake.  When the train finished going by and the gates lifted, her car did not move.  A police officer was behind her, and APD’s DWI Enforcement Team was called in to investigate.  Once the police were able to wake her up (which was no easy task), she couldn’t recall where she was coming from or going to, failed all the field sobriety tests and then cursed out the cop all the way back to the station.  She did not recall anything about the entire incident.  The prosecutors refused to dismiss the case, so we proceeded to jury trial and our client was found NOT GUILTY.  State v. J.R.; Cause No. C-1-CR-10-211,834

Failed all field sobriety test after mixing alcohol, prescription pills and marijuana-NOT GUILTY.  Our client, an international entrepreneur, was leaving a business engagement when he was stopped on MoPac by APD’s DWI Enforcement Team.  He had slurred speech, couldn’t maintain his balance, and failed all the field sobriety tests.  He also admitted to taking prescription pills that are not supposed to be mixed with alcohol and had marijuana under his seat. Our client, who owns a number of international businesses, couldn’t afford to have a DWI on his record.  The prosecutors refused to dismiss the case, so we proceeded to jury trial and our client was found NOT GUILTY.  State v. J.J.; Cause No. C-1-CR-11-211,485.

DWI 2nd, client almost drove off Mansfield Dam-DWI DISMISSED.   911 callers reported to police that our client ran some other drivers off the road and then almost drove off Mansfield Dam.  After police stopped her, she could not hold her head up and was unable to answer simple questions like “where are you coming from?”  On the day of trial, we were able to get the DWI DISMISSED.  State v. A.S.; Cause No. C-1-CR-11-212,077.

DWI 3rd, Unconscious at Green Light with .18 blood test—REDUCED TO MISDEMEANOR.  Police found our client, an analytical chemist, unconscious at a stoplight in the early morning hours.  He failed the field sobriety tests and was arrested.  Because this was his third DWI, he was looking at a felony.  His blood test came back at .18, which is over two times the legal limit.  A felony would have cost him his job, so he couldn’t afford to lose.  We were able to get the charge reduced from a felony to a Class A misdemeanor and he was able to keep his job.  State v. M.E.; Cause No. D-1-DC-10-202,597

DWI 3rd collision, high on cocaine with .16 blood test—REDUCED TO MISDEMEANOR. Our client was involved in a collision on the highway which resulted in the police being called. He was arrested after he showed signs of intoxication and failed all the field sobriety tests.  His blood test results were .16-two times the legal limit.  He was also on probation for DWI 2nd at the time of the arrest.  After a long fight, we were able to avoid a felony conviction and get the charge reduced to a Class A misdemeanor.  State v. J.C.; Cause No. D-1-DC-11-203,413.

DWI Single Car Rollover, .13 breath and blood tests- DWI DISMISSED.  Our client was involved in a single-car rollover.  She failed all the field sobriety tests and then submitted a breath test which registered .13 (almost two times the legal limit).   She was transported to Brackenridge Hospital for injuries, where her blood alcohol concentration was confirmed to be .13.   She called us because she really didn’t want a DWI on her record.  We fought the case and were ultimately able to get the DWI dismissed.  State v. T.I.; Cause No. C-1-CR-07-220,060.

On probation for DWI when arrested for DWI-NOT GUILTY.  Our client, a young real estate agent, was on probation for a reduced DWI and was arrested for DWI again.  She exhibited poor driving and failed all the field sobriety tests.  Winning this case was critical, because a loss would have resulted in a probation revocation, jail time of up to 6 months and possibly the loss of her Real Estate license.  The prosecutors refused to dismiss the case, so we proceeded to jury trial and our client was acquitted. Her probation was not revoked and she kept her license.  State v. C.E.; Cause No. C-1-CR-08-205,957.

DWI 2nd, Unconscious at Green Light with .10 blood test, still on DWI probation–DWI DISMISSED.    Our client was stopped by police because he was unconscious at a green light.  He was staggering, swaying, stumbling and had mumbled speech.  He failed the field sobriety tests and consented to give blood.  His blood analysis showed .10 alcohol concentration and also illegal drugs.  He was also on probation for DWI at the time of his arrest.  We were able to get his DWI DISMISSED and he was discharged from probation with no additional punishment.  State v. J.P.; Cause No. C-1-CR-11-203,366.

DWI 2nd with .14 Breath Test-DWI DISMISSED.   Our client was stopped after an officer observed her weaving into the shoulder and going slower than other traffic.  She admitted to drinking multiple “whiskey and cokes” and failed all the field sobriety tests.  At the jail, she blew a .14.  We were able to get her DWI DISMISSED.  State v. M.S.; Cause No. C-1-CR-09-208,884.

Drove Into Ditch with .179 Breath Test-DWI DISMISSED.  Our client wrecked his truck in a ditch at 5am. When asked to produce his driver’s license, he gave the officer a credit card. He also admitted to drinking 7 vodka drinks at a strip club. At the jail, he blew a .179. We were able to get his DWI DISMISSED. State v. A.T.; Cause No. C-1-CR-13-202,915.

Reckless Driving with .169 Blood Test—DWI DISMISSED.   Our client was driving recklessly in front of a police officer. After being stopped, he consented to a blood test that was over two times the legal limit. We were able to get his DWI DISMISSED. State v. B.M.; Cause No. C-1-CR-14-207,503.

Single Car Collision with .13 Blood Test-DWI DISMISSED. Our client crashed into a parked car on a residential street so severely that one of the wheels fell off of her car. An APD DWI Enforcement Unit Officer was called in, who arrested her for DWI and obtained a search warrant for blood.   Her blood results came back at .13. We were able to get her DWI DISMISSED. State v. K.B.; Cause No. C-1-CR-14-204,179.

Blew Stop Sign in Front of Cop with .15 Blood Test—DWI DISMISSED. Our client blew through a stop sign in front of an APD DWI Enforcement Officer. Before failing the field sobriety tests, he had slurred speech, staggered and swayed, and was uncooperative. We were able to get his DWI DISMISSED. State v. M.M.; Cause No. C-1-CR-12-213,733.

DWI 2nd, Erratic Driving with .14 Breath Test—DWI DISMISSED. Our client drove erratically down MoPac and was stopped on 5th Street, near Lamar. He was so out of it that he thought he was on MoPac near 2222. After sadly failing the field sobriety tests, he blew a .14 at the jail. We were able to get his DWI DISMISSED. State v. T.J.; Cause No. C-1-CR-12-206,303.

DWI 2ND, Unconscious in Car with Marijuana and .11 Breath Test—DWI DISMISSED. Our client was unconscious in her car while it was running. She blew a .11 at the jail. We were able to get her DWI DISMISSED. State v. S.T.; Cause No. C-1-CR-11-221,536.

Staggering and Swaying with a .13 Blood Test-DWI DISMISSED. Our client was stopped by a DWI Enforcement Officer. After failing the field sobriety tests, his blood came back at .13. We were able to get his DWI DISMISSED. State v A.E.; Cause No. C-1-CR-11-209,673.

Blew Stop Sign in Front of Cop with a .12 Breath Test-DWI DISMISSED. After running a stop sign in front of a cop and failing all field sobriety tests, our client blew a .12. We were able to get her DWI DISMISSED. State v. A.C.; Cause No. C-1-CR-12-214,331.

3 DWI’s in Less Than One Year-2 OF THEM DISMISSED. For the first DWI, our client crashed his truck into a construction sign on 2222. After failing the field sobriety tests, he was arrested. While this case was still pending, he was arrested for two new DWI’s in Bastrop County, during one of which he crashed into a telephone relay unit causing $40,000 of damage.   We were able to get TWO OUT OF THE THREE DWI’s DISMISSED. State v. J.L.; Cause No. C-1-CR-11-217,080; Cause No. 50,439 (Bastrop County); Cause No. 50,523 (Bastrop County).

 .14 Blood Test with Cocaine—DWI DISMISSED. Our client was arrested for DWI after he staggered, swayed and failed all the field sobriety tests. His blood came back at .14. He also had cocaine in his pocket. We were able to get his DWI DISMISSED. State v. D.L.; Cause No. C-1-CR-09-217,904.

DWI 3rd-Failed Field Sobriety Tests-DWI DISMISSED. Our client was arrested for her Third DWI after being stopped and failing the field sobriety tests. We were able to get the felony reduced to a misdemeanor, and then arrange to have the misdemeanor DISMISSED. State v. L.B.; Cause Nos. D-1-DC-09-907,225 and C-1-CR-09-402,075.

 .18 Blood Test with Collision—DWI DISMISSED. Our client, a young teacher, was arrested for DWI after she rear ended another car and failed all the field sobriety tests. Her blood came back at .18. We were able to get her DWI DISMISSED. State v. C.G.; Cause No. C-1-CR-12-209,758.

  Felony Evading with Rollover, Failed Field Sobriety Tests, Marijuana In Car, Blew .09 —ALL CHARGES DISMISSED. After engaging in a high-speed car chase with police, our client, a young student, he rolled his car. He failed the field sobriety tests, blew a .09 and had marijuana on him. We were able to get ALL CHARGES DISMISSED. State v. R.H.; Cause Nos. D-1-DC-14-201,029; C-1-CR-14-202,964; C-1-CR-14-202,965.

CASE SPECIFICS FOR EACH LISTED CASE

State v. J.A.; Cause No. C-1-CR-11-202,139.  Not Guilty Jury Verdict.

State v. A.S.; Cause No. C-1-CR-11-212,077.   DWI DISMISSED and re-filed as obstruction of a passageway, 2 years probation, $500 fine, 80 hours community service, counseling and court costs.

State v. K.E.  Cause No. C-1-CR-09-203,757; DWI DISMISSED and re-filed as obstruction of a passageway, 2 years deferred adjudication probation, $500 fine, 60 hours community service, ignition interlock, counseling and court costs.

State v. G.B.; Cause No. C-1-CR-09-217,208; Arrest Date:  9/27/2009 ; Dismissal Date:  1/14/2011; Details:  DWI DISMISSED and re-filed as obstruction of a passageway, 2 years deferred adjudication probation, $500 fine, 80 hours community service, counseling and court costs.

State v. D.M.; Cause No. C-1-CR-07-206,883; Arrest Date:  4/15/2007; Dismissal Date:  2/2/2011; Details:  DWI DISMISSED and re-filed as obstruction of a passageway, 2 years deferred adjudication probation, $200 fine, 60 hours community service, counseling and court costs.

State v. A.G.; Cause No. C-1-CR-08-211,770.  Not Guilty Jury Verdict.

State v. G.E.; Cause No. C-1-CR-06-739,297.  Not Guilty Verdict.

State v. J.R.; Cause No. C-1-CR-10-211,834.  Not Guilty Jury Verdict

State v. J.J.;  Cause No. C-1-CR-11-211,485.   Not Guilty Jury Verdict.

State v. M.E.; Cause No. D-1-DC-10-202,597; SHORT program up-front, 2 years probation on Class A Misdemeanor DWI, $500 fine, counseling, 100 hours community service, counseling and court costs.

State v. T.I.; Cause No. C-1-CR-07-220,060.  Arrest Date:  10/5/2007; Dismissal Date:  9/30/2008; Details:  DWI DISMISSED and re-filed as obstruction of a passageway, 18 months probation, $200 fine, 40 hours community service, counseling and court costs.

State v. C.E.; Cause No. C-1-CR-08-205,957.  Not Guilty Jury Verdict

State v. J.P.; Cause No. C-1-CR-11-203,366; DWI DISMISSED and re-filed as obstruction of a passageway, intensive outpatient counseling up-front, 2 years probation, $500 fine, ignition interlock, 80 hours community service, counseling and court costs.

State v. J.C.; Cause No. D-1-DC-11-203,413.  SMART counseling program up-front, 2 years probation on Class A Misdemeanor DWI, $500 fine, 80 hours community service, counseling and court costs.

State v. M.V.  Cause No. C-1-CR-11-206,227.   DWI DISMISSED and re-filed as obstruction of a passageway, intensive outpatient counseling up-front, 2 years probation, $500 fine, ignition interlock, 80 hours community service, counseling and court costs.

State v. M.S.; Cause No. C-1-CR-09-208,884.  DWI DISMISSED and re-filed as obstruction of a passageway, 2 years probation, $500 fine, ignition interlock, 100 hours community service, counseling and court costs.