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Posts Tagged ‘Houston Texas dui lawyer’

What Police Officers Look For When Encountering a DWI Suspect

August 31st, 2011
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If you are stopped by the police for a traffic offense in Texas or anywhere, and the police officer suspects that you have been drinking, criminal defense lawyers know that unfortunately, it is likely you will be investigated for DWI or DUI.

After pulling you over, officers are trained to look closely for signs of intoxication. Most police officers have gone though basic DWI or DUI training to detect indicators that are claimed to be consistent with intoxication. In DWI or DUI investigations, after a traffic stop is made, police are trained to use their sense of sight, hearing, and smell. Criminal defense attorneys know that police will look for blood shoot eyes, alcohol containers and unusual actions. Police will also listen for slurred speech, admissions of drinking, abusive language or unusual statements. Finally, they will smell for alcoholic beverages or odors used to makes the smell of alcohol, like gum or breath sprays.

A good criminal defense attorney will understand that none of these indicators means a person is intoxicated or guilty of DWI or DUI. In other words, a good criminal defense lawyer will know that the smell of alcohol does not indicate intoxication, that there are countless reasons for red eyes, and that some people have naturally slurred, or lazy speech.

Unfortunately, police officers are trained to assume that all drivers who smell like alcohol are intoxicated, and as a result, they use any possible evidence they observe to support that conclusion. A good DWI defense attorney should be able to challenge the police’s investigation and make a jury understand that none of these indicators are proof of guilt in a DWI or DUI case.

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Why You Should Challenge a DUI or DWI based on a Breath Test

July 7th, 2011
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People understand that all machines are prone to error. Very few people, if any, would agree that some machines work perfectly all of the time. And yet in Texas DWI or DUI cases, most people believe that if there was a breath test, the case will result in a conviction if it ends up in trial. This is a common misconception. An experienced Houston, TX, DWI and DUI criminal defense attorney can successfully challenge the science behind a breath test.

In Houston, Texas DWI or DUI breath test cases, the machine used will almost definitely have been the Intoxilyzer. A top Houston DWI or DUI attorney will be familiar with the functioning of this machine and know how to best challenge its results. There are several common ways a DUI or DWI lawyer will challenge the results of an Intoxilyzer in a Houston DWI or DWI case. This includes questioning:

-Whether a reading was affected by residual alcohol from a person’s burp that may have interfered with the reading.

-Whether the machine was properly calibrated and functioning normally

-Whether the machine was operated properly by someone trained and certified to use it

-Whether the machine gave similar readings in other tests, suggesting a systemic error

-Whether the breath test slip and other data shows errors or misreadings

The Intoxilyzer is by its nature a highly unreliable piece of equipment and any result should be challenged by an experienced DWI or DUI criminal defense attorney. A Houston DWI and DUI lawyer will want to examine the accompanying date produced at the time of the test, along with other tests given on that particular machine.

If you are arrested for DWI, DUI or any criminal offense, the lawyers of the Houston, TX office of Scheiner Law Group are an excellent choice and can help successfully challenge the results of any chemical test, including a breath test. Call the criminal defense attorneys at the Houston, Texas office of Scheiner Law Group today to schedule a free consultation.

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Voluntary encounters, temporary detentions, and arrests

July 6th, 2011
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Contacts between citizens and law enforcement generally fall into one of three categories: 1) voluntary encounters, 2) temporary detentions; and, 3) arrests. Whether you have been approached on suspicion of DWI, DUI, a drug charge, or some other criminal offense, your criminal defense attorney will want to investigate the nature of your encounter with the police to see if the police acted appropriately.

As the name implies, a voluntary encounter is simply a voluntary meeting with the police where a suspect is free to leave. The police do not need any sort of proof to conduct a voluntary encounter. However, in many cases, a voluntary encounter will turn into something else by a police officer’s show of authority that could make a suspect believe he is not free to leave. For example, if the Houston police are investigating a drug transaction, and approach an individual on the street for a friendly chat about what he may have seen, that will usually constitute a voluntary encounter. However, when the suspect attempts to leave and the police officer orders him to leave, then it ceases to become voluntary.

When a voluntary encounter becomes non-consensual, it can turn into a temporary detention.  To justify a temporary detention, a police officer needs reasonable suspicion to believe that an offense has been committed and that the person detained was involved. Reasonable suspicion can exist when an officer sees evidence that someone – like a driver in a DUI, DWI or drug case – is committing an offense but needs to observe the suspect more closely to verify his suspicion. The law allows the officer an opportunity to briefly detain a suspect for this purpose as long as he has reasonable suspicion. Far to often, when investigating DWI, DUI, drug crimes or other criminal offenses, police act on no more than a hunch.

If an officer chooses to arrest someone, he needs to meet the standard of probable cause. Although the definition of probable cause varies, it is essentially constitutes enough evidence to convince a reasonable person that a crime has been committed. The information has to be trustworthy. Far too often, police in DWI, DUI, drug cases, sexual assault cases, or other kinds of criminal offenses act with less than probable cause, and that can cause evidence to be excluded from court. This can often lead to a dismissal of a case.

Search and seizure law can be very complicated and an experienced Houston criminal defense attorney can help determine if your rights were violated by law enforcement. Far too often, law enforcement officers exceed the scope of what they are Constitutionally permitted to do, and an experienced Houston criminal defense lawyer can use that to your advantage in a DUI, DWI, drug case, or any criminal offense. If you are arrested for DUI, DWI, a drug offense, a sexual offense or any criminal offense, the lawyers of the Houston, Texas office of Scheiner Law Group are highly experienced with search and seizure law and can help protect your rights.

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Testifying at a DUI or DWI trial

July 4th, 2011
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Deciding whether or not to testify at your DWI or DUI trial is an important decision that you should make only after consulting with your Houston DWI or DUI lawyer about the pros and cons of testifying. Many people who have been arrested for drunk driving want to take the stand. Sometimes this is a good idea, but if a defendant testifies poorly, it could be damaging.

If you are going to testify at your trial, it is important that you go in knowing what to expect. A good Houston DWI or DUI attorney won’t coach you about what to say, but will give you advance notice of the questions you are likely to be asked by him and by the prosecutor.

Your Houston DWI or DUI attorney will ask you about many other subjects, including where you were, how much you had been drinking, how and why you were pulled over, what field sobriety tests were conducted, etc. You can discuss these subjects with your lawyer.

If you have been arrested for drunk driving and are not already represented by a Houston DWI or DUI lawyer, contact the Houston, Texas office of Scheiner Law Group, P.C. at (713) 783-8998 for a free case consultation.

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How Your DWI Attorney Will Defend Your Case

June 29th, 2011
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After hiring the Scheiner Law Group to defend your DWI case, the firm’s investigation begins. Your DWI attorney will closely examine the details of your case in order to prepare for trial or a possible dismissal of your case. Your DWI attorney will work to anticipate the State’s case against you and analyze whether it will be able to prove every element of its case beyond a reasonable doubt. This includes examining the arresting police officer’s report, the results of any field sobriety tests, chemical evidence of your blood-alcohol level, the State’s witnesses against you, and your criminal record.

In addition to examining the State’s DWI case against you, your Houston DWI attorney will look at the strengths and weaknesses of your own case, including an anticipation of how lay and expert witnesses will testify, the defenses that may available to you, the potential penalties you face, and relevant case laws and statutes.

In order to get a conviction, the prosecution must prove, beyond a reasonable doubt, each and every element of its case. Additionally, it is also the State’s burden to prove the officer had a right to stop and arrest you.

If you’ve been arrested for a DWI, do not hesitate to contact the criminal defense lawyers at Scheiner Law Group. The DWI attorneys of the Houston, Texas, office of Scheiner Law Group are experienced in defending DWI cases and will help maximize your chances at obtaining the best result in your case.

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Texas Highway Patrol Planning Increased DWI Patrols on Fourth of July Weekend

June 27th, 2011
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Anyone planning on consuming alcohol during Fourth of July celebrations should be aware that the Texas Highway Patrol will be conducting additional DWI patrols from June 27 to July 6 (read news stories on the increased patrol here and here). Last year during the Fourth of July weekend, the Texas Highway Patrol made 617 arrests for DWI statewide.

If you or a loved one is arrested for DWI, DUI or any criminal charge, the criminal defense lawyers of the Houston, Texas office of Scheiner Law Group are an excellent choice and can help obtain the best possible result.

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Facebook Pages Now Publishing DWI Checkpoint Information

June 20th, 2011
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Recently, this blog reported that after receiving pressure from several United States Senators, Apple announced that it was amending its App Store rules to prohibit Apps which “facilitate” driving under the influence of alcohol. Apps such as Trapster drew the ire of Senators for publishing real-time information on the location of DWI checkpoints.

Despite this small victory, the battle between law enforcement and technology is starting to look like a game of whac-a-mole: Late last week – and just days after  Apple’s announcement – a television stations in New Orleans (the story is available here), announced that a Facebook page with over 7,000 members in the New Orleans area was publishing user-generated locations of DWI checkpoints. Proponents of the page say it makes members aware of the dangers of driving under the influence, while critics say it puts the public at risk by facilitating drunk driving. In any event, one thing is certain: this technology will proliferate in some form as long as the demand is there.

If you or a loved one is arrested for DWI, DUI or any criminal offense, the attorneys at Scheiner Law Group are a top choice. The firm’s lawyers have the experience to defend any criminal defense case in the Houston, Texas (TX) area to help maximize your chances at obtaining the best result in your case.

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Dallas Mavericks Guard Arrested for Public Intoxication

June 16th, 2011
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Looks like celebrations may have gotten out of hand for at least one member of the Dallas Mavericks. Deshawn Stevenson, shooting guard for the newly crowned NBA Champs, was arrested Tuesday night – two days after the Mavericks upset the Miami Heat in Game 6 of the NBA finals. The ESPN story is available here and the Dallas Morning News story is available here.

In Texas, public intoxication is a Class “C” misdemeanor, which is punishable by a $500 fine. Any top Texas criminal defense attorney will know how to best defend a charge of public intoxication. Most Texas attorneys and DUI lawyers know that proving public intoxication is difficult because more often than not, police officers do not administer Standardized Field Sobriety Tests to people arrested for that offense.

If you are arrested for DUI, DWI or any alcohol or drug related offense in Houston, TX or anywhere in Texas, the attorneys at Scheiner Law Group are an excellent choice and can help you get the best result in your case. Please call (713) 783-8998 for a free consultation with one of the firm’s lawyers to begin developing the best strategy to defend your case.

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