Friday, August 8, 2008

Another day at the Criminal (In)justice Center

REPEAT AFTER ME... don't blow in the Intoxi-liar.

Had a client with a good video who blew a .10. The jury thought the arresting officer was a jerk. They knew he had been fired from HPD for something really bad since the prosecutor rose to object everytime I got near the subject. The jurors didn't think my client should've been arrested at the scene. We obtained all sorts of concessions from the technical supervisor - he admitted he couldn't say whether the test was higher, lower or the same as the BAC at the time of driving, he admitted he couldn't testify that the test result was accurate, only that it was valid, he said that with the drinking facts admitted by my client it would be impossible for his BAC to be over .08.

But, at the end of the day, the jury found my client guilty because they couldn't get past the breath test.

If the cops offer you a breath test, refuse it. Let the prosecutor say that a refusal is evidence of guilt. Deal with the hassle of fighting the license suspension. Just don't give the cops any more evidence than you have to.

KEEP YOUR MOUTH SHUT. Had a client who was given probation on a DWI. By mistake, the court's conditions of probation indicated he had to have an Interlock device installed on his car. I spoke to the court's probation officer and we had the court's docket sheet pulled. Sure enough -- nothing about an Interlock device was listed on the terms of probation.

The court's probation officer calls my client's probation officer to let him know my client needed to come to the courtroom on Monday to sign the amended conditions of probation -- but, for some reason I guess I'll never know, my client told his probation officer he had consumed alcohol while on probation. Oops.

The judge decided against jail time -- but decided to order an Interlock device installed on my client's car.

I CAN'T MAKE THIS STUFF UP. Check out this article and see what else has been lost in the Houston Police Department property room.

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