The Austin

D.U.I. or DWI Laws Taking Care of Drunk Driving

2007-07-09T11:03:00.001-07:00

D.U.I. implies driving under the influence of alcohol and/or other drugs. It is the act of driving under the influence of alcohol and/or other drugs whereby the mental and motor driving skills are impaired. This is also called driving while intoxicated or DWI and is illegal in all jurisdictions. The laws pertaining to this may also be applicable to boating or piloting aircraft.
Drunk driving is indeed a dangerous thing to do. No wonder why D.U.I./DWI invites stiff fines and penalties. The violations in traffic rules that D.U.I./DWI may cause can range from weaving, swerving and drifting to braking erratically.
There is a special D.U.I. offense committed when the driving is being carried out under the combined influence of alcohol and other drugs. It may be that the drugs causing or contributing to the impairment are not illegal and they are a part of lawfully prescribed or over-the-counter medication. Such drunk driving is the causative of a large number of accidents, deaths, injuries and losses that take place year after year.
As per present day statutes there is provision for two separate and distinct criminal offenses. The traditional ‘drunk driving’ offense consists of driving under the influence of alcohol and/or drugs. Observations of erratic driving, slurred speech, unsteady gait and the like by the concerned official together with performance on field sobriety tests and a legal presumption of intoxication from a blood alcohol test result over the legal limit serve as evidence for the crime of D.U.I./DWI.
The second offense is the more recent ‘per se’ offense as it is referred to as. This is proved by the indication of a given level of blood alcohol content (B.A.C.) at the time of driving (0.08 units of milligrams per deciliter of blood) regardless of the alcohol tolerance level of the person concerned. Both the offenses can be charged i.e. the defendant may be convicted of both.
There is no ‘per se’ or legal limit employed for persons accused of driving while being under the effect of prescription medication or illicit drugs. The key focus of the inquiry is to determine whether the driver’s faculties were impaired by the influence of the substances consumed. Despite there being techniques of determining the presence of the substances in the driver’s bloodstream the prosecution of drivers impaired by prescription medication or illegal drugs is not easy.
Some significant points about D.U.I./DWI laws enacted are:• In recent times the legal presumption of intoxication from blood alcohol concentration has been reduced to 0.10%. With federal pressure the states have further reduced it to 0.08%.• Zero tolerance laws have been enacted that makes it a crime for drivers less than 21 years of age to drive a vehicle with 0.01 or 0.02 B.A.C.• There has been a universal adoption of license suspension laws providing for immediate confiscation and administrative suspension of driver’s license if the B.A.C. was 0.08% or if the driver refused to undergo testing.
In case of D.U.I./DWI the fines and penalties are awarded following legal action depending upon the nature and frequency of the crime. While the first time conviction may not be very severe and involve a fine, a license suspension or restriction and attendance of a D.U.I. course for certain period of time the subsequent offenses can lead to jail sentences. D.U.I./DWI risks many lives. Hence, strict legal enactments in this regard have been considered justified.

New Mexico DUI Attorney

2007-06-14T18:46:00.000-07:00

New Mexico DWI/DWI laws make it illegal for any driver to operate a vehicle while under the influence of alcohol or drugs. This makes DWI a criminal offense that can result in penalties such as jail time, educational programs, fines, and the installation of an ignition interlock device on your vehicle. These penalties have the potential to negatively impact your quality of life and make it difficult for you to maintain employment and meet other life obligations. Because of the seriousness of a DWI offense and the severity of the offense, having a New Mexico DUI attorney on your side is the only way you will be able to get through your case successfully. Since DUI law is a specialized area of the law, having a skilled DUI lawyer with the training and experience needed to defend DUI charges can help you to beat the charges or minimize the penalties imposed against you if you are convicted.
New Mexico DUI Arrests
You may be arrested for DUI in several cases. One is if you exhibit suspicious driving patterns and you are pulled over by a law enforcement officer. Another is if you cause an accident and the responding officer suspects that alcohol was involved. No matter the reason you were arrested, you will be facing serious penalties. Nevada is one of the states where a DWI arrest will result in two separate cases against you. One is a criminal case where you will face criminal DWI charges and a prosecutor will try to prove that you were guilty of driving under the influence. The second is an administrative case within the New Mexico Motor Vehicles Division. When you are arrested for a DWI offense, you will be prosecuted under one of two theories. The first is a traditional or common law theory of driving under the influence. In this type of case, the prosecutor will try to show that you were impaired as a result of consuming alcohol prior to driving. The prosecutor will try to show your level of impairment by introducing evidence such as your driving patterns, any accidents you caused, field sobriety test results, and information about your appearance at the time of your arrest. You can also be charged with DWI if you submit to a chemical test that yields a result of a 0.08% or greater blood alcohol concentration. In this type of case, the prosecutor does not introduce any information about impairment. The prosecutor simply must prove that you were operating a vehicle while you had an unlawful blood alcohol concentration level. Hiring a skilled New Mexico DUI attorney can help you in both types of cases. An experienced New Mexico DUI lawyer will know how to handle the evidence in each type of case. If you are arrested for a DUI in New Mexico, you will have the right to a jury trial, so having a New Mexico DUI attorney on your side can help you immensely.
DUI Criminal Penalties in New Mexico
The penalties for a DWI conviction in New Mexico increase with each offense you have been convicted of and can be very harsh depending on the circumstances. For a first DWI offense, you can face penalties of up to 90 days in jail, a $500 fine, and $200 in court costs. Other penalties can include participating in a DWI school program, attendance at a victim impact panel, and probation. If your first offense is considered an aggravated DWI offense, you will be sentenced to a mandatory minimum of 48 hours in jail. Driving with a BAC of twice the legal limit, causing bodily injury or death during a DUI offense, and chemical test refusal are all grounds for classifying an offense as an aggravated offense. A second DWI offense can result in a jail term of 3 to 364 days, $250 in fees, fines of $500 to $1,000, probation, community service, and a license revocation period of one year. If your second offense is an aggravated offense, 7 days in jail are mandatory. If you accumulate a third DWI offense, you will face a mandatory 30 day jail sentence and a fine of $750 to $1,000. If it was the third offense within a ten year period, your license will be revoked for a period of one to ten years. If your third offense is considered an aggravated offense, you will be incarcerated for a mandatory minimum of 90 days. A fourth or subsequent DWI offense within a ten year period is considered to be a felony. The penalties include 18 months in prison and the other penalties imposed for a third offense. If you are convicted, you may lose your right to vote or bear arms.
New Mexico Administrative License Penalties
There are also driver’s license penalties associated with a DWI offense in New Mexico. If you have refused to submit to chemical testing, your license will be suspended for one year and you will not have the opportunity to get a work permit or other restricted license. If you do take a chemical test and fail, the penalties through the Motor Vehicles Department will increase with each offense. The penalty for a first offense is a 90 day suspension of your driver’s license. If you have previously had your license revoked for a DWI offense, the penalties for subsequent offenses are increased. For a second or subsequent offense, the suspension period is one year. You will not have the opportunity to apply for a work permit or a restricted license. Because not having driving privileges can make it difficult to meet your family obligations or maintain employment, it is important for you to have a New Mexico DUI lawyer to help you save your license and avoid having your reputation tarnished.

Attorney DWI Minnesota

2007-06-14T18:45:00.000-07:00

If you have been arrested for driving under the influence, an attorney DWI Minnesota professional can help you to minimize the penalties imposed if convicted or even help you to successfully defend yourself against the charges. Attorney DWI Minnesota responsibilities range from consulting clients when they are initially charged to seeing clients through their criminal trials and any administrative proceedings that take place. Qualified attorneys will be able to counsel DUI defendants and educate them about what will take place. Knowing what constitutes DUI in Minnesota and the penalties you may face is important for all drivers, so keep this information in mind.
Attorney DWI Minnesota Initial Contact
The state of Minnesota grants drivers suspected of driving under the influence one right that other states do not. If you are stopped for driving under the influence, you have the right to contact a Minnesota DUI attorney before submitting to chemical testing to determine your blood alcohol concentration. Because most people do not know of a DUI attorney off hand, law enforcement officers must provide a directory where you can find information on lawyers specializing in DUI cases. This is an important right and one that should be exercised so you can experience the best possible result from your case.
Attorney DWI Minnesota Case Preparation
In the state of Minnesota, an arrest for driving under the influence will trigger two different types of cases. One is an administrative case that deals with your driving privileges. Just being arrested for driving under the influence, without even being convicted, is enough to have your driving privileges revoked for a time period that corresponds with the number of convictions you have had for DUI and any other special circumstances. The other case is a criminal one where you will be prosecuted for the crime of driving under the influence. Your DWI attorney will help you prepare for each case by reviewing evidence and gathering information that can be crucial to your individual situation. While there are never any guarantees, having a qualified DWI lawyer on your side does give you a better chance of a positive outcome than representing yourself or working with a lawyer who does not specialize in DUI cases. Specialized DUI attorneys have more experience handling DUI cases and also have access to a number of experts that can provide testimony during your criminal trial.
Attorney DUI Minnesota Case Assistance
During both your administrative and criminal hearings, your DWI attorney can defend you based on witness testimony, chemical testing results, and other admissible information. Your attorney may be able to save your license from administrative consequences and having a skilled DWI lawyer on your side is your best chance for winning your case and not having to face the serious penalties associated with driving while intoxicated in the state of Minnesota. If you are convicted of the charges against you, your DWI attorney can speak on your behalf and request that the court show leniency in sentencing based on your specific circumstances. The penalties for being convicted of driving under the influence vary based on a number of factors including prior convictions, any injuries or property damage caused while under the influence, and other circumstances. The penalties can also be increased if you had a child in your car during your offense or if your blood alcohol concentration level was twice the legal limit.
For a first offense, you can receive up to 90 days in jail, alcohol education program participation requirements, driver’s license suspension, and fines. If aggravating factors are present, this can cause the prosecutor to charge you with a gross misdemeanor that can result in up to one year in jail and a fine of $3,000. Your second DUI conviction will carry increased penalties because second offenses are classified as gross misdemeanors. This carries a penalty of up to one year in jail and a $3,000 fine. If you are convicted of a third offense, you can face jail time, fines, alcohol abuse evaluations, and vehicle impoundment. If you are charged with a fourth offense, it is classified as a felony. The penalties for a felony DWI conviction include three years in prison and a fine of $14,000 or more. Working with an attorney DWI Minnesota legal professional is your first step to moving on with your life after being charged with a DWI offense. While no guarantees can be made about the outcome of a criminal trial, this is your best shot for defending yourself against DWI charges or minimizing the penalties imposed on you if you should be convicted.

What can Police Question When It Arrests You Under DWI Suspicion

2007-06-14T18:43:00.000-07:00

When you are stopped while driving, the first question that the police invariably asks is "'Do you know why you were stopped?
Your reply should be as normal as it can be. In tone and by body language, both. If you were driving beyond permissible speed limits cite the reason. The best and safest bet however is a noncommittal response, "NO". But do not try to fool or outsmart the police
asking you question. In short, don't rub him the wrong way. The worst that you can do is to upset him. So keep your cool. Do not get provoked.
Next thing the police questions is "How many drinks have you had? Have you been drinking?"
This is a direct question and you cannot duck it. Keep your cool and instead of an aggressive "a couple of beers in the party", say, "I have had a peg and a half with dinner". Do not get on the defensive under any circumstance and say something like "5 pegs. But that was hours back". such statements can prove to be suicidal & can be used as an evidence during the trial.
What is the best strategy?
The Police questions because he/she is looking for evidence against you. Be careful. I repeat, do not be rude or do anything to upset him. Keep your cool and try to handle the questions as gracefully and positively as possible. The police officer is not stupid so do not try tricks. If you think your blood alcohol content may be above permissible limits and the police is insisting on Roadside Sobriety Tests, be quiet and inform the police that you would like to consult your DWI lawyer before answering any questions. Sometimes depending up on the law prevalent is the state you will be allowed to consult your DWI lawyer only after you have taken the roadside tests.
Can you refuse the Roadside Sobriety Tests?
Yes you can. But that does not stop police from arresting you under DWI suspicion. Also your driving license will be confiscated and within a prescribed time period you will have to apply for getting your driving license back. Generally this time limit is 10 to 15 days from the date of arrest.

White Plains DWI Lawyer

2007-06-10T20:01:00.000-07:00

Working with a White Plains DWI Lawyer
DWI is a criminal offense in the state of New York, so it’s important to work with an attorney who is qualified to defend you against any DWI charges you are facing. Working with a White Plains DWI lawyer means you will have access to professional expert witnesses, information about new developments in the field of DWI law, and case law that could make or break your case. Working with someone who has specialized in DWI law means that you’ll be working with someone who is truly focused on DWI defense as a career. Someone who is a general attorney is not focused on that one area of law and may not be able to give you the best possible defense. Working with a White Plains DWI lawyer also means you’ll have someone who is familiar with New York DWI law and can deliver outstanding results during your case.
Preparing Your Case with a White Plains DWI Lawyer
After you hire your White Plains DWI lawyer, you’ll get started on preparing your defense so that you have the best possible chance of winning your case. It’s best to hire an attorney right in the beginning of your case so that you have the best chance of telling him or her your story while the case is still fresh in your mind. Letting time go by means you may forget important details about the traffic stop, your arrest, and other critical information. After you tell your side of the story, your White Plains DWI lawyer will get to work on helping you to defend yourself against these charges. He or she may review witness testimony, get expert witnesses to review your case, or try to find information that can help you support your defense. If the traffic stop was conducted improperly, your White Plains DWI attorney may try to find witnesses who can back up your claims. It is important that you give all of the details you can so your attorney can prepare the best possible defense.
Working with a White Plains DWI Lawyer to Get Your Driving Privileges Back
Having a White Plains DWI lawyer on your side means that you have someone to represent you at any administrative proceedings that take place. One of these proceedings could be a hearing about the status of your driving privileges. Since license suspension is a standard administrative penalty any time anyone is arrested for DWI in New York, your White Plains DWI lawyer can help you by representing you during the DMV hearing that is held. You may be able to get a temporary or restricted license that you can at least use to get to work or school while you are waiting for your criminal trial to take place. This step is important, so be sure to hire your White Plains DWI lawyer early in your case for the best result.
Working with a White Plains DWI Lawyer to Minimize Criminal Penalties
Since DWI is a criminal offense, there are also penalties that can be imposed if you are convicted at your criminal trial. If this is the case, your White Plains DWI lawyer can speak on your behalf prior to sentencing. Your attorney may ask the judge to grant you leniency based on any number of factors including disability, illness, having a new child at home, having to earn an income to support your family, and having to care for sick parents or children. The judge will consider this information when preparing for sentencing. While there is no guarantee that he or she will be lenient, it is still a good idea to have your White Plains DWI lawyer speak on your behalf so the judge will have all the information needed to make the right sentencing decision.
Benefits of a White Plains DWI Lawyer
Having a White Plains DWI lawyer offers many benefits for anyone who has been charged with a DUI offense. Your lawyer can help you fight the charges in criminal court and help you retain your freedom. Your lawyer can speak on your behalf before criminal sentencing takes place to create a chance for leniency during sentencing. Your lawyer can represent you during administrative hearings so your driving privileges can be saved. All of these are excellent reasons for hiring a White Plains DWI lawyer to represent you if you have been charged with DWI. If you want to defend yourself against DWI charges successfully, then consider hiring a White Plains DWI lawyer to represent you throughout your case.

Houston Alcohol Treatment

2007-06-07T20:02:00.001-07:00

Once you are convicted of a Houston DWI offense, you could be handed several forms of punishments. You may be ordered to go in for drug or alcohol treatment, for instance. Looking for a drug or alcohol rehab and treatment in Houston is not an easy task. Choosing the correct rehab treatment is also a confusing task. There is outpatient treatment, inpatient treatment, group therapy, 12-step therapy and so on. It is therefore best left to you to choose a method that you personally feel is best suited to your requirements.
These treatments may include diverse approaches and hospitalization. You may have to adhere to strict schedules on diet, exercise, counseling, sauna, hypnosis, amino acids or even hypnosis. There is no hard and fast rule as to what is a successful treatment method. You can always go by the simple thumb rule that some things will work out for some people. Usually or at least most of times, Houston alcohol treatment methods are tailor made or customized according to an individual patient’s needs. They could vary substantially from case to case.
Generally speaking, for those who don’t have a long history of alcohol addiction, simple outpatient treatment would be enough. Similarly in cases of patients with a long history of addiction, the time period required for treatment may go up to several months. You see, there are no hard and fast rules, here. It all depends on your past medical history.
If you are in Houston, it is better that you know facts about Houston DWI laws, Houston DWI fines, Houston DWI penalties, Houston DWI arrests and Houston DWI help. You can always get comprehensive information from Houston DWI lawyers, who can guide you on matters related to Houston DWI defense. They will be helpful in minimizing your charges.

New Jersey DWI Penalties

2007-05-28T02:43:00.001-07:00

Driving While Intoxicated (DWI) in New Jersey attracts a bunch of penalties that includes fines, charges and surcharges, imprisonment or mandatory counseling. In this state there is no difference between DWI and DUI (Driving Under the Influence).
A first-time offender with a Blood Alcohol Content (BAC) of 0.08% can expect a fine of $250 to $400, a jail term not exceeding 30 days, and suspension of his license for three months. Additionally, there will be a New Jersey Motor Vehicles Commission (NJMVC) surcharge of $1,000 per year for three years, and payments of $200 to the DWI Enforcement Fund, $50 to the Violent Crimes Compensation Fund, $75 to the Safe Neighborhood Fund, and $200 for license restoration. He will also have to undergo counseling for 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC), which may cost $150, and extra payment if outpatient counseling is stipulated by the IDRC.
For a first offense, if the alcohol count is 0.1% or more the fine would be between $300 and $500. There is no change in the other charges or jail term, but the license revocation would be for seven months to one year. The court may also direct the offender to fix an Ignition Interlock Device in his vehicle.
In the case of a second offense the fine will be from $500 to $1,000 and imprisonment from 48 consecutive hours to 90 days, loss of license for two years and community service of 30 days, in addition to the fees and charges stipulated for first-time offenders. At the discretion of the judge, the registration of the vehicle may be revoked for two years, instead of installing an ignition interlock device.
If the conviction is for a third offence the fine would be $1,000 and the jail term not less than 180 days. If the offense was committed within three years from the second one, the NYMVC surcharge increases to $1,500.
If a DWI takes place in a school zone the penalties will be stiffer.
A DWI conviction becomes a permanent part of your driving record in New Jersey. Since many insurance companies look into the driving history for three years, the premium could be higher for a person with a DWI tag.
It is well to remember that DWI/DUI convictions in other states will be counted as prior offenses in New Jersey.

Austin Neighborhoods

2007-05-22T21:49:00.000-07:00

By Alison Cole

Being economically developed and a good business center, Austin attracts a number of people. Austin, located in central Texas, is a developed city with a number of neighborhoods. The Austin Neighborhood comprises North Austin, Northeast Austin, Northwest Austin, North Central Austin, Downtown Austin, South Central Austin, South West/West Austin and South Austin, and each of these localities is unique on its own.

Downtown Austin is one of the busiest parts of Austin. During the day, the downtown area witnesses a bout of business. In the evenings, the nightlife begins with music and fun. Downtown Austin Apartments are most sought after because of the popularity of the area and the amount of business that takes place in the area. The rents of downtown Austin apartments ranges from $450 to $770 for an Efficiency/studio kind of an apartment, $550 to $1500 for a 1 bedroom apartment, $690 to $2000 for a 2 bedroom apartment and $1100 to $2200 for a 3 bedroom apartment. These apartments can have various apartment features like air conditioning, a balcony/deck/porch/patio, dishwasher, fireplace, hardwood floors, loft layout, internet, washer/dryer, and a yard. They may also have community features like a clubhouse, business center, doorman, elevator, garage parking, health facilities, laundry on-site, parking, pool, sauna, storage space, vintage building, and wheelchair access. Rents of downtown Austin apartments also vary according to the availability of these facilities.

North Austin, which houses the University of Texas, is the most populated part of Austin. This area hosts a range of shopping areas and suburban neighborhoods. North Austin also comprises Northeast, Northwest and North Central Austin. Northeast Austin is a rapidly expanding suburban area housing several technology-based companies like Dell, Motorola, and Applied Materials. Hence the apartments here are much sought-after by young tech professionals. These apartments are built on modern lines and house several modern facilities and amenities. The prices of apartments in Northeast Austin range from $400 for an efficiency apartment to $1400 for a 3 bedroom apartment. The apartments in Northwest Austin are based on the country-club style and have higher rents. The rents in this area also range from $550 for an efficiency apartment to $1800 for a 3-bedroom apartment. North central is a more affordable area and is generally preferred by students and small families, especially due to the proximity to the University of Texas and the downtown areas. The apartment rents in this area start at $600.

South Austin, comprising of South Austin, South Central Austin and Southwest Austin, is another interesting neighborhood. It also has the largest park in Austin, the Zilker Park, the Zilker Hillside Theatre and several other areas ideal for sporting or hiking. The rents in South Austin range from $500 to $2100, especially in Southwest/west Austin because of the presence of very good apartment communities that offer excellent amenities as well as spectacular views of hilltops and woods.

Each Austin neighborhood has its own unique charm. Any of these neighborhoods can be perfect, depending on what type of environment people want.

Austin Apartments provides detailed information about Austin apartments, Austin apartment guides, Austin apartment locators, and more. Austin Apartments is affiliated with Home Furnishings.

How to Deal with DWI Austin Arrest?

2007-05-22T21:44:00.000-07:00

By Purva Mewar

If you are facing DWI Austin arrest or similar charges in other county or state, what you need to understand and realize is that you have got yourself into a very serious problem. DWI Austin arrest in a long wound legal procedure which costs time, money, energy, loss of face and sometimes job. It has life lasting effects.

The DWI arrest invariably leaves the DWI Austin victim with a sour feeling that this was one drink that he could have so easily done without! How true but too late... now that you're facing DWI charges, you rather deal with it. One thing about DWI Austin Arrest is that you cannot undo it. No matter what you do, if you are arrested by Law Enforcement Team or Patrolling Police under DWI Austin you have to face the consequences.

DWI Austin Laws - An overview: As far as DWI Austin Laws are concerned they are very strict and getting stricter by the day. Impaired driving has cost Austin many innocent lives. Vigorous patrolling during the peak hours is a norm. There are checkpoints now where the patrolling team stops all vehicles to check the status of driver's mental and physical faculties. There is another side to this. If you think you are drunk beyond the permissible BAC limits, there is a facility of hiring a driver who will drive you home in your own car. You are free to choose this option if you need the car to drive to office the next day.

How does DWI Austin arrest happen? DWI Austin or Driving While Intoxicated in Austin is not an easy job for the patrolling police also. They are given a set of guidelines which they have to adhere to. They are trained professionals doing their job. So if they stop you on DWI suspicion, it means they have enough proof for doing so. Either someone called them (not an anonymous caller) or you have been under observation for at least half an hour and that they have been observing your behavior and mannerisms.

On what grounds can you be arrested under DWI Austin Charges? If after various roadside tests or tests done at the police station your Blood Alcohol Content Level is found above 0.08 you will be arrested. this is the point where things begin to get real complicated. And if you refuse to take these tests your driving license is suspended immediately. Either way trouble brews.

On what grounds can you challenge your DWI Austin Arrest? The police that arrested you under DWI Austin charges can be challenged on many grounds by a competent DWI Austin attorney. so make sure you hire the right people. e.g. The police cannot follow you home secretly without informing you. If they've done it, you can tell this to your attorney and he will deal with it. Likewise these tests are not scientific and accurate - and the DWI Austin attorney is aware of all aspects of it to question the court during hearing.

Did the police making arrest inform you about your rights as a citizen? Were the tests done in accordance with the Standardized NHTSA guidelines? Were the conditions proper? Were your physical disability (if any), age, psychological conditions, weight given due attention while DWI tests were performed on you?

Hiring a competitive DWI Austin attorney: Don't try to be your own attorney if you are not qualified. Let a professional do his job. A DWI Attorney Specialist firm will ideally comprise Attorneys, Paralegals, investigator, outside forensic toxicologist, an outside evaluation group. The investigator is ideally a retired officer who has past experience of handling DWI cases at various levels.

DWI Austin Arrest cost: At least 6 months of worries and approximately $8500 expense. This includes attorney's fee, additional insurance, surcharges, Applying for temporary license etc. Hiring an attorney, appearing in court, not being able to drive, a bad police record, etc are things that you cannot convert in money and the stress and inconvenience it can cause immeasurable trauma.

DWI Austin charges are something you can do without. If you are drunk don't take a risk of driving home or wherever. You rather hire a driver or a cab NOW than hire an attorney LATER!

Purva Mewar manages this Austin DWI website trying to build a platform that can be used to share news, information and DWI Austin cases.

Houston DWI Lawyers: A Guide

2007-05-17T20:32:00.000-07:00

By Max Bellamy

When it comes to Houston DWI lawyers, you have plenty of choices. You can find them spread throughout Houston and its suburbs. You can locate them either through online resources or find them in yellow pages. A Houston DWI attorney will be able to protect you in case you are facing a DWI charge.

A good Houston DWI lawyer should have detailed knowledge of the DWI laws governing Houston.

Know about the laws that are applicable to your particular case. Before hiring the services of an attorney, do a bit of homework. You can always consult with your friends or colleagues, as they may have availed the services of one in the past. You can also ask for a referral from your attorney.

A good referral always means that you are convinced of your attorney’s capabilities to protect you.

A DWI conviction can carry a number of serious penalties which could affect you for a number of years after the fact. You can even loose your license. It is therefore important that your Houston DWI lawyer can argue your case forcefully and could protect your legal rights. Generally speaking a person can be charged for a DWI offense if their blood alcohol concentration is 0.08 percent or more. Younger people below the legal drinking age can also be charged for driving while being in an intoxicated state. DWI laws have implied clauses which require you to compulsorily submit to chemical testing at the request of law enforcement officials. Refusal to do so means enhanced punishment. There are also a number of other circumstances that can enhance your punishment to harsher levels. This is where the services of a good Houston DWI attorney are of vital importance.

A good Houston DWI attorney can help you reduce the charges against you. He/she may legally argue and point out the deficiencies in the chemical testing process. Your DWI attorney can also protect you from going to jail or paying hefty fines. A Houston DWI lawyer can bring to light a number of things that the law enforcement agencies may have done wrong, during a DWI arrest and help potentially mitigate charges against you.

A Houston DWI conviction also means that you have to deal with your insurance company. Your insurance company may increase your premium or even drop your coverage. A Houston DWI lawyer is better placed to help you out with these institutions. A Houston DWI lawyer is there to ensure that your legal rights are not compromised.

Houston DWI Lawyers provides detailed information on Houston Alcohol Treatment, Houston DWI Arrests, Houston DWI Defense, Houston DWI Fines and more. Houston DWI Lawyers is affiliated with Houston Criminal Lawyers.

Fort Worth DWI Attourneys

2007-05-17T20:31:00.000-07:00

Arrests for DWI have increased phenomenally in recent times. It is also the case with Fort Worth. When you get arrested for a DWI, the first thing that you should do is hire the services of an experienced DWI attorney, who will be able to save your license and your freedom. You can consult most of Fort Worth’s DWI attorneys for free.

Hiring the services of a competent lawyer ensures that you are treated fairly and your rights are protected. A good lawyer knows how to get results. There is no dearth of good DWI attorneys in Fort Worth. They are available in plenty. Before you hire the services of one, just check out for whether they have the required experience.

Getting arrested for a DWI is a stressful experience. The entire process of being arrested, jailed, fingerprinted and photographed is highly stressful. Your attorney should be able to deeply empathize with you in this situation and be armed with the talent to rescue you from your current situation. For this he needs to be specialized in fighting DWI cases.

A DWI attorney should be able to save you from the sometimes serious outcomes of such cases. Just imagine if something goes wrong, you could lose your license, your insurance could go down the drain and you may end up in jail for a long time. That is why it makes sense to hire the services of a reputed DWI attorney.

One can find extensive details about DWI attorneys of Fort Worth online. You can also check with any of your friends who may have ever hired an attorney’s services. A talented DWI attorney can save you from real ordeals.

Fort Worth Attorneys provides detailed information on Fort Worth Attorneys, Fort Worth Bankruptcy Attorneys, Fort Worth Criminal Attorneys,

Fort Worth Divorce Attorneys and more.

Fort Worth Attorneys is affiliated with Las Vegas Real Estate Lawyers.

Houston DWI Defense

2007-05-17T20:29:00.000-07:00

A Houston DWI conviction could have a far reaching effect on your life. It therefore makes sense that you know at least the fundamentals of Houston DWI laws. In case of a Houston DWI conviction, you should get in touch with a good Houston DWI lawyer to protect you. A Houston DWI attorney will be able to prepare a strong Houston DWI defense to ensure that your legal rights are not compromised. They can also help reduce charges against you.

The legal limit for intoxication in Texas is 0.08 blood alcohol concentration. You should also know that Texas has a zero tolerance law. Anyone under 21 can be arrested, no matter what the amount of detected alcohol. A good Houston attorney will be able to point out the faults in the chemical testing procedure adopted by law enforcement agencies, during a DWI conviction or arrest. A forceful defense on these lines assures you of reduced punishment and protection of your legal rights. Hiring the services of a Houston DWI attorney who is well versed with the state’s laws is half the battle.

A Houston DWI attorney can prepare a strong argument in your favor by pointing out some of the mistakes that may have been committed by the law enforcement agencies during a DWI conviction or arrest. Your defense lawyer also knows how much is too much. For example the laws may be different depending on whether you are a male or a female. A DWI attorney can prepare a defense based on these. A DWI punishment also becomes harsher when you are convicted more than once. It is therefore vital that you hire the service of an experienced DWI attorney to present your case and defend your legal rights.

Lawyer Satisfaction in the Process of Structuring Legal Careers

2007-05-15T18:32:00.000-07:00

by Dinovitzer, Ronit, Garth, Bryant G

This article proposes a new approach to the study of job satisfaction in the legal profession. Drawing on a Bourdieusian understanding of the relationship between social class and dispositions, we argue that job satisfaction depends in part on social origins and the credentials related to these origins, with social hierarchies helping to define the expectations and possibilities that produce professional careers. Through this lens, job satisfaction is understood as a mechanism through which social and professional hierarchies are produced and reproduced. Relying on the first national data set on lawyer careers (including both survey data and in-depth interviews), we find that lawyers' social background, as reflected in the ranking of their law school, decreases career satisfaction and increases the odds of a job search for the most successful new lawyers.

When combined with the interview data, we find that social class is an important component of a stratification system that tends to lead individuals into hierarchically arranged positions.

The published literature on lawyer satisfaction tends to take one of two forms. One comes from those seeking to make the profession, and especially corporate law firms, more open and humane. This literature paints a "gloomy" (Rhode 2000) picture of a profession in "crisis" (Kronman 1993), relying on data on depression and alcohol use in the profession, or on more general measures of career dissatisfaction (e.g., Glendon 1994; Schiltz 1999; Rhode 2000). Much of this work highlights the lack of equal opportunity within the bar, focusing on the relative dissatisfaction of women and lawyers of color (e.g., Rhode 2000). These findings are often picked up on, repackaged, and transmitted by the popular press-with media headlines often reflecting data from bar surveys or polls with relatively low response rates, tending to overrepresent the more dissatisfied population of lawyers (Dolan 1995:A1; Muir 1995:16). The overall picture is one of a profession not doing enough to respond to perceived dissatisfaction.

By contrast, a second literature, typically stemming from more systematic social science, tends to minimize the problem of lawyer dissatisfaction. This empirical research often finds that lawyers are relatively satisfied across a range of measures (Hirsch 1985; Taber et al. 1988; Tucker et al. 1989; Gellis 1991; Heinz et al. 2005) and that this finding is fairly stable across gender (Chambers 1989; Hagan & Kay 1995) and race (Dau-Schmidt & Mukhopadhaya 1999). These reports of relative satisfaction, however, need to be contextualized by the more general finding that most people, across most occupations, tend to report that they are "satisfied" with what they do (e.g., Firebaugh & Harley 1995).

Underlying both strands of work on satisfaction is the implicit assumption that differences in satisfaction are symptoms of discrimination or inequality within the profession. This assumption is not surprising. Decades of work on the legal profession have confirmed that there are hierarchies in the profession that every lawyer knows. Access to the most prestigious positions has not been attained by women and minorities in proportion to their representation in the lawyer population (see, e.g., Carson 2004; NALP 2004). At the same time, however, this inequality is not consistently reflected in measures of job satisfaction-and it is this disjuncture of expressions of job satisfaction within structures of inequality that calls for a new approach to understanding lawyer satisfaction. We therefore seek in this article to steer the literature on job satisfaction in the legal profession away from models that evaluate the internal interest of lawyers' work or explain differences in satisfaction based solely on the obstacles or rewards that lawyers enjoy within the profession.

Rather than assuming lawyer satisfaction to be a persistent problem, no problem at all, or simply one of discrimination, this article argues that job satisfaction should be understood as both a manifestation of and a factor in a stratification system that tends to lead individuals into hierarchically arranged positions. We argue that job satisfaction depends in part on social origins and the credentials related to these origins, with social hierarchies helping to define the expectations and possibilities that produce professional careers.

As Bourdieu (1996) demonstrated in his work on The State Mobility in France, for example, class positions not only explain which schools students will attend, but these social origins also determine how well students will fit with the mission of particular schools.

Indeed, Bourdieu's work has clearly demonstrated the ways in which individuals' dispositions across a range of fields-from their taste for film, food, music, or art (Bourdieu 1987, 1993) to their career aspirations (Bourdieu 1998)-both reflect and legitimate social differentiation.

A Bourdieusian approach thereby emphasizes that social stratification is not merely externally produced, but that individuals, through their habitus-the set of practices and dispositions acquired through the repetition of living life-internalize what they can reasonably expect in life and, more important, what they cannot (Calhoun 2003). And in this way, it is often their choices and expectations that reproduce patterns of stratification, so long as we recall that the "dispositions that incline them toward this complicity are themselves the effect, embodied, of domination" (Bourdieu 1998:4).

A New York jury found Lynne Stewart—the radical lawyer accused of helping her terrorist client, "blind sheikh" Omar Abdel Rahman, communicate with his

2007-05-15T18:30:00.000-07:00

A New York jury found Lynne Stewart--the radical lawyer accused of helping her terrorist client, "blind sheikh" Omar Abdel Rahman, communicate with his Islamist followers from prison--guilty on all of the counts against her, including conspiring to provide and providing material support to terrorists. Stewart had found a kindred soul in Rahman, both personally and to an extent politically, and she took her trademark activist lawyering a step too far in his post-trial "defense," when she could no longer do much for him legally. In an interesting twist, our own Byron York has reported that George Soros, the major backer of John Kerry's presidential campaign, among other left-wing causes, contributed $20,000 to Stewart's defense committee in 2002. Once again, the republic is the safer for the failure of Soros's causes.

Mending fences: fix a rift with a neighboring business without your lawyer

2007-05-15T18:29:00.000-07:00

by Jane Easter Bahls

A neighboring business may affect yours in ways you'd never expected. Whether it's a conflict over customer parking, a steady stream of delivery trucks that block your driveway or a restaurant venting its kitchen odors your way, neighboring businesses can drive away your customers and cause you endless aggravation.

You might be able to work it out just by talking to the owners of the problem business--but they may be adamant that what happens on their property is their business. You could check your lease and discuss the conflict with your landlord. You might even appeal to the city for help with code enforcement. But despite your best efforts to resolve the problem diplomatically, sometimes you can't.

Time to get your lawyer involved? Not necessarily Some lawyers start with a threatening letter, which often doesn't produce the desired effect. The neighbor could become defensive or, worse, more obnoxious. Even if the immediate problem gets resolved, resentment may build, which could lead to future problems.

To avoid bitterness and a possible legal battle, try mediation, where a neutral third party helps clarify the issues and find a mutually agreeable solution. What's best about the process is stronger relationships are often forged with neighbors as a result. Your lawyer or local chamber of commerce can help you select a good mediator.

German officials have suspended a lawyer's passport to prevent him from traveling to Iran to attend a proposed conference questioning whether the Holo

2007-05-15T18:24:00.000-07:00

German officials have suspended a lawyer's passport to prevent him from traveling to Iran to attend a proposed conference questioning whether the Holocaust ever happened. Horst Mahler is a former attorney for the National Democratic Party of Germany, a fringe party that political analysts accuse of having neo-Nazi tendencies.

He surrendered his passport January 28, according to Radio Berlin-Brandenburg. The decision was made by the German state of Brandenburg. Interior Minister Eike Laneelle said Mahler is "a fanatic anti-Semite." German passport laws allow passports to be revoked if an individual's travel could damage national security or hurt the nation's vital interests.

In this case, Brandenburg authorities say they hope to prevent Mahler from damaging Germany's reputation abroad.

Justice imperiled; the anti-Nazi lawyer Max Hirschberg in Weimar, Germany

Justice imperiled; the anti-Nazi lawyer Max Hirschberg in Weimar, Germany.
Morris, Douglas G.
U. of Michigan Press
2005
443 pages
$35.00

Hardcover
Social history, popular culture, and politics in Germany
KK185
By the time he fled Germany in 1934, lawyer Max Hirschberg had argued a series of cases that placed him in direct opposition to Munich's conservatives, reactionaries, and Nazis. In this volume, trial attorney Morris blends biography and courtroom drama to recount how Hirschberg litigated a number of politically charged disputes and fought to reverse the criminal convictions of innocent defendants in the years following WWI. The text is based upon the author's PhD dissertation.
([c] 2005 Book News, Inc., Portland, OR)

Take a closer look

2007-05-13T19:32:00.000-07:00

Drunken driving is one of those crimes where the law and the punishment can never be too tough. So when a group such as Remove Intoxicated Drivers wants to tighten the thumbscrews on intoxicated drivers, the public and the state Legislature need to pay attention.A Schenectady-based RID group on Wednesday, sensing that tougher DWI legislation is being stonewalled in Albany, went to the media with its call for:•

Legislation to make accident reports and the blood-alcohol levels of drivers in fatal accidents available to prosecutors immediately.•

End the plea-bargain option for first-time offenders that allows them a chance to get by with a mere traffic infraction if their blood-alcohol is between 0.10 and 0.18.•Repeat DWI offenders, if accused of killing someone, to be charged with felony murder.

With just six weeks left in the session, the RID effort at this late stage may do little more than call attention to the weakness of the state DWI laws and possibly set the table for debate and approval next year. RID members said at their news conference on Wednesday that their proposal could be running into opposition lobbying by defense lawyers, hospitals and insurance companies.

Whether the allegation is accurate, the RID-backed legislation deserves an open hearing with all parties having their say. Any time there is an apparent loophole in a law designed to save lives, legislators ought to sit up and take notice. If this is a case of RID crying wolf, then let's find out in a forum where legislators can ask questions of all involved parties, including judges who often have DWI cases in their courts.If it's not a case of overreaction, then lawmakers should work to move this legislation forward.

A Star-Gazette Albany Bureau report on the news conference noted that DWI fatalities in New York have plummeted considerably since the early to mid-1980s when the drinking age went from 18 to 21. In 2005, the U.S.

Department of Transportation reported 524 DWI fatalities in the state, or about 48 percent of what the number was in the early '80s.The decline is impressive, but not if you were a friend or relative of any of the 524 who lost their lives to drinking and driving in 2005.

That's why the RID effort matters.One of the more disturbing points that RID raised was the contention that state law allows first-time offenders who test between 0.10 and 0.18 blood level are being allowed to plead to lighter infractions such as Driving While Ability Impaired, which is supposed to be for those testing between 0.05 and 0.08, the threshold for DWI in New York.If, as RID says, drivers at more than twice the legal level of intoxication are getting off easy, then every driver on New York's roads is in serious danger.

And it's all the more reason why lawmakers should investigate RID's concerns and consider passing the group's proposal.

State & Local Briefly

2007-05-13T19:28:00.000-07:00

State Briefly

San Antonio police evacuate plane after receiving bomb threat

SAN ANTONIO - About 100 passengers evacuated from a plane headed for Dallas on Saturday after the San Antonio International Airport received a bomb threat, authorities said.

The airport received several calls Saturday morning saying a bomb was in Terminal One, airport spokesman David Hebert said. Around 10:30 a.m., a caller referred specifically to the Dallas-bound flight.

Hebert declined to release the name of the airline, the San Antonio Express-News reported.

The passengers were evacuated and the plane was taken to a safe zone where airport police and a canine unit found nothing following a search, Hebert said.

The passengers were allowed to board again after a 2-hour wait. The FBI is investigating, he said.

The bomb threat was one of three made late Friday and early Saturday in San Antonio during Fiesta, a 10-day citywide party. None of the threats proved dangerous.

-Associated Press

Mentally disabled Texan wins civil suits against attackers

LINDEN - An East Texas jury has awarded $9 million to a mentally disabled black man who was taunted, beaten and dumped in a field by four white men.

Billy Ray Johnson, 46, remains in a nursing home after suffering permanent and severe brain injuries in the 2003 beating. The men accused of assaulting him were fined and sentenced to probation and jail time, but none served more than 60 days behind bars.

But in a four-day civil trial that ended Friday, jurors found James Cory Hicks and Christopher Colt Amox responsible for Johnson's injuries.

The jury of 11 whites and one black member deliberated less than 4 hours before returning a unanimous verdict at the Cass County District Court, according to attorneys for the Southern Poverty Law Center, which brought the lawsuit on behalf of Johnson.

"The jury told all of Texas and, indeed, the entire country, that Billy Ray is a human being who deserves to be treated with dignity - that the life of each of us, rich or poor, black or white, abled or disabled, is truly precious," said Morris Dees, founder and chief trial attorney for the Southern Poverty Law Center.

-Associated Press

Vioxx gets reprieve as judge says it adequately warned consumers

HOUSTON - More than 1,000 personal injury lawsuits filed in Texas over the once-popular pain medication Vioxx were put on hold Friday after a judge ruled the drug's manufacturer had given adequate warnings about the drug.

State District Judge Randy Wilson, based in Harris County, granted a motion by Merck & Co. Inc., the drug's manufacturer, to dismiss part of a lawsuit filed by Ruby Ledbetter.

Merck's attorneys argued a 2003 Texas law prevents Ledbetter from claiming she wasn't properly warned about Vioxx. Ledbetter, a 62-year-old woman from Elmendorf, just southeast of San Antonio, suffered a heart attack in May 2004.

The law, passed as part of tort reform efforts, says a drug manufacturer is not liable in allegations it failed to provide sufficient warnings about its product if the drug in question came with warnings approved by the Food and Drug Administration.

Friday's ruling put Ledbetter's case, which was set to go to trial in May, on hold. But Travis Sales, one of Merck's attorneys, and Tommy Fibich, one of Ledbetter's attorneys, both said Wilson had previously told lawyers in the case that such a decision would put all Texas cases on hold until appeals courts rule on the issue.

Vioxx, an arthritis pain reliever, was pulled from the market in September 2004, when a study showed it could double the risk of heart attack or stroke if taken more than 18 months.

Whitehouse Station, N.J.-based Merck said it now faces 27,250 personal injury lawsuits over Vioxx, including 45,700 plaintiff groups.

The company is sticking by its plan of defending each of thousands of claims over Vioxx rather than settling the suits.

-Associated Press

McAllen assistant DA arrested for alleged drunk driving

McALLEN - A South Texas prosecutor was arrested Saturday on a misdemeanor charge of driving while intoxicated after loosing control of his car and almost crashing, authorities said.

Hidalgo County Assistant District Attorney Orlando Esquivel had a blood alcohol level of 0.18, above the limit of 0.08, according to McAllen police.

Esquivel, 29, was taken in custody about 2:30 a.m. Saturday and arraigned later that morning. He left the Hidalgo County Detention Center after bond was set at $2,000, The Monitor of McAllen reported.

Esquivel told the officer who stopped him he could be fired from his job if arrested. He asked the officer if a friend could pick him up, according to an affidavit.

District Attorney Rene Guerra said he would look at the police report before making decisions on Esquivel's employment. Guerra also said he would appoint an independent lawyer to prosecute Esquivel.

Esquivel, who has prosecuted DWI cases before, was among more than a dozen drivers arrested in McAllen on such charges Friday night and early Saturday, said McAllen police spokesman Sgt. Joel Morales.

-Associated Press

Local Briefly

$1,000 reward for information about suspects in murder

Police are looking for two suspects involved in the shooting of a Hispanic male Saturday in East Austin just north of campus, according to the Austin Police Department. The murder is the sixth in Austin this year.

Austin police believe the victim was walking through a parking lot when the suspects approached and robbed him. During the course of the robbery, the victim was shot.

Upon arrival at the scene, emergency personnel performed first aid on the victim and transported him to Brackenridge Hospital where he was pronounced dead.

The shooting took place in a parking lot at 1101 Reinli Street, located east of Interstate-35 and south of Highway 290. Police described the two suspects as being between the ages of 22 and 25. One suspect is described as a Hispanic male. The other is described as a black male with a medium complexion and short hair. Police say he is 5-foot-10-inches, 175 pounds and was last seen wearing a white shirt.

Police are offering up to $1,000 for information. Anyone who may have information or witnessed the incident is asked to call 477-3588 or 472-8477.

- Jessica Sondgeroth

Police and Fire Briefs for May 4

2007-05-11T19:51:00.000-07:00

Lightning bolt hits roof, ignites fire

By ADVOCATE STAFF REPORT

A Lake Sherwood Acres home is missing a section of its roof after a lightning bolt struck and ignited a fire, authorities said.

The owner of the home at 4120 Lake Livingston Court was inside the house about noon Thursday when the fire started but was uninjured, Baton Rouge firefighters said. The blaze was put out in minutes.

(The photo with this story is a picture of one of the many lightning strikes during Thursday's storms and not from the bolt that struck the Lake Sherwood house.)

Woman, 44, accused of firing at boyfriend A 44-year-old woman landed in jail Tuesday after her boyfriend was shot at, a Baton Rouge Police Department spokesman said.

Anita V. Turner was booked into Parish Prison on one count of attempted manslaughter. Two shots were fired at her boyfriend about 1:15 p.m. Tuesday during an argument, said spokesman Cpl. L’Jean McKneely.

The incident, which Turner said was an accident, occurred at her home at 10588 White Oak Drive, McKneely said.

No one was injured.

Police: Man stabbed in robbery attemptAn 18-year-old man has been arrested in connection with a stabbing and attempted armed robbery, a Baton Rouge Police Department spokesman said.

David Domino, 4856 Washington St., was arrested Tuesday and booked into Parish Prison on one count of attempted armed robbery.

Police spokesman Cpl. L’Jean McKneely said the victim was walking in the 1500 block of North Foster Drive when a man tried to rob him about 5:30 p.m. Tuesday.

The victim was chased into the Dollar General Store at 1542 N. Foster Drive and stabbed once in the arm, McKneely said.

Police arrested Domino as he ran from the store.

Authorities book 9 on suspicion of DWIAuthorities arrested at least nine people suspected of driving while intoxicated in East Baton Rouge Parish and booked them into Parish Prison between 3 p.m. Wednesday and 3 p.m. Thursday, booking records show.

Those booked and the counts against them:

Craig Anthony Sanford Jr., 22, 1915 W. Belfair St., third-offense DWI, obstruction of a public highway, suspended driver’s license, resisting an officer and second-degree injuring public records.

Johnny L. Austin, 56, 6027 W. Fairlane St., first-offense DWI and failure to maintain control of a vehicle.

Ashly Nicole Espino, 19, 427 E. 19th St., first-offense DWI, failure to maintain control of a vehicle and reckless operation of a vehicle.

Jevin A. Frank, 21, 2219 La. 3043, Opelousas, first-offense DWI and turns not allowed.

Olin L. Vaught, 40, 13714 Kenner St., Apt. A, first-offense DWI, reckless operation of a vehicle, improper lane usage, drinking in a motor vehicle and speeding.

Jeremy Randolph Pierce, 33, 16615 Blackwater Road, Zachary, first-offense DWI, speeding and improper lane usage.

Brandon James Hall, 20, 34943 Hall Road, Walker, first-offense DWI, reckless operation of a vehicle and open container violation.

Benjamin Edward Hebert, 33, 25250 La. 1, Plaquemine, first-offense DWI, reckless operation of a vehicle and driving too slow.

Scott Patrick Huffman, 22, 45 Brimberry Road, Rayville, second-offense DWI and disobeying a red light.

Houston Democrat Charged With Driving While Intoxicated

2007-05-02T19:34:00.000-07:00

State Rep. Harold Dutton, a Houston Democrat, was arrested in Downtown Austin and charged with driving while intoxicated Thursday night.

Dutton was pulled over on Sixth Street for weaving in and out of traffic and speeding, driving 42 mph in a 30-mph zone.

According to the arrest affidavit, Dutton had a strong odor of alcohol on his breath, slurred speech, bloodshot eyes and failed sobriety tests.

Dutton was asked to walk a straight line but lost his balance.

He was asked to stand on one leg, but the arresting officer said he couldn't.

"At the conclusion of those tests the officer determined Mr. Dutton was intoxicated and placed him under arrest," said Cpl. Derek Israel of Austin Police Department.

Dutton said he had one beer, and refused to give a breath or blood test.

"Police officer's make no distinction whether somebody is a little intoxicated or a lot intoxicated, it's all the same," Isreal said. "If you're impaired in your ability to operate a motor vehicle, you are intoxicated under the law."

But Dutton is trying to change some state alcohol laws.

He sponsored House Bill 815, which would extend the hours of alcohol sales. It would basically do away with last call at hotels.

The bill failed, and critics said it would only put more drunken drivers on the road.

"It doesn't matter who you are or what your status is with the community," Israel said.

"If an Austin police officer catches you driving drunk, you're going to jail."

Dutton would not comment on the incident and posted a $1,500 bond.

Are felony drunk drivers outfoxing the law?

2007-05-02T19:30:00.001-07:00

One month ago, the Eastex Freeway: An allegedly very drunk driver is accused of killing a mother and daughter in a horrific smash-up.

Police learned he’d already had three previous DWI convictions.

Two years ago, north Harris County: A man runs off a neighborhood street and hits Geneva Tijerina as she’s sitting on a tailgate, talking to friends.

Her mother remembers the funeral.

“They did a really good job on trying to remake her face because he had smashed it, literally just crushed it,” Ruth Tijerina said.

In this case, the driver had an even longer rap sheet: six previous DWIs.
“It’s, I guess it is our fault as a society because we allow it to happen,” Tijernia said. “They’re not following through on penalties.
The penalty she’s talking about is the Texas three strikes DWI law: The third arrest means a felony charge. Felony as in prison, loss of voting rights and public humiliation.

But look what 11 News found when we asked the county to provide records showing what really happens.
In the past two years in Harris County alone, police charged more than 1,900 drivers with felony DWI.
Yet, 492 of the cases, a quarter of them, were reduced to misdemeanors.
Ignacio Gomez’s case was one of them: His third DWI felony was reduced to a misdemeanor just 18 months before the crash on the Eastex Freeway.

James Hollin was convicted of felony DWI in 2001, but got probation—not prison.
He violated that, spent part of a four year sentence in prison, got out early and in 2004, killed Geneva Tijerina.
“At some point, they need to be locked away,” prosecutor John Bradley said.

So why aren’t they?

Bradley is considered one the toughest prosecutors in the state when it comes to drunk driving.
“Your chronic DWI offender, the person who has two or more prior arrests for DWI, has completely learned how to work the system,” Bradley said. He did some research and found that in Harris County, some 70 percent of multiple offenders refuse to give a Breathalyzer or blood test. It’s optional under Texas law.
Not having that scientific evidence can make a felony charge tough to prove.
Warren Diepraam has prosecuted some of Harris County’s biggest drunk driving cases.

He said Texas needs to make blood alcohol tests mandatory, and a proposed law in Austin would do just that for drivers with two priors.

“Just like we’d get DNA from a rapist, we’re going to get a blood sample from a drunk driver,” Diepraam said.

But hold on say defense attorneys.

Attorney Gerald Graber sauid mandatory blood sampling is too extreme and that walk-a-straight-line tests are enough.

“The can see how he’s standing, if he’s swaying,” Graber said.

But here’s the thing: No county in America has more people die in drunk driving accidents than Harris County.

The mother of Geneva Tijerina wonders if it’s because the system really doesn’t take drunk driving seriously.

In lieu of a law making alcohol tests mandatory for repeat offenders, the Houston Police Department is now working with the D.A.’s office on a pilot program.

If a driver refuses the test, the D.A.’s office will get an emergency search warrant, forcing the driver to submit to a blood alcohol test.

Man arrested for DWI

2007-05-02T19:29:00.000-07:00

David Michael Presthold, 25, was arrested for second degree DWI and Nicholas Richard Hoiseth, 27, was cited for open bottle in a vehicle at 7:29 p.m.

Sunday when someone called in that they were carelessly driving in a field near County Road 85 and 750th Avenue., according to police reports.

Minor consumptionScott Charles Verley, Austin Charles Moe and Thomas Michael Kramer were cited for minor consumption, according to police reports, 12:56 a.m. Sunday at State Highway 251 and West County Road 36.Two injured flown to RochesterKent Perry Albert and Renee Kathryn Albert were flown by Mayo One Helicopter to Rochester for a traffic wreck injury at 5:42 p.m. Saturday at 26074 740th Ave.