Blog

Blog

What Getting an Underage DUI in Houston Means

If you are driving in the state of Texas and are under the age of 21, an officer who pulls you over and even so much as smells alcohol on your breath can charge you with underage DUI Because it is against the law to drink under the age of 21, the state of Texas has zero tolerance for underage drinking and driving Texas laws state that any minor who has "any detectable amount of alcohol in his/her system" while...

Texas DWI Cheat Sheet

Houston is the fourth-largest city in the United States There’s a near-limitless list of things to do in the metro area – and that includes bars, clubs and other drinking establishments If you’re enjoying a night out on the town, it’s helpful to know the answer to the question: “How much is too much” Of course, it’s always a good idea to have a designated driver on hand But sometimes you’re the...

New Fifth Circuit Court of Appeals Case Upholds Cell Phone Tracking

It's often said that we live in an era of unprecedented technological advances In no area is this more apparent than in the field of telecommunications What a person can now do with say, an iPhone was simply unimaginable even just a few years ago The latest buzz is that Apple may soon introduce a feature in its iPhone that will allow users to unlock their phones and conduct transactions with just a...

Is there a biological basis to crime?

Recent advances in science may change the way we look at criminals and the underlying reasons for their behavior Specifically, advances in neurology and brain scanning have revealed that because of brain function and chemistry, some people are far more likely to engage in criminal behavior While researchers agree that there is still a strong social and environmental cause for criminal behavior, they argue that...

Mandatory Blood Draws Limited in Texas Due to New Supreme Court of the United States Case

A new United States Supreme Court ruling has probably rendered some Texas DWI laws unconstitutional and will have a big impact on the way DWI investigations are conducted in many cases That case, Missouri v McNeely, involved a DWI suspect who refused to provide a blood test Blood was obtained anyway, and the police did not obtain a warrant prior to doing so, relying on the "exigent circumstances" exception to...

Miranda Warnings for Boston Marathon Bombing Suspect (And All of Us)

Not long after Boston Marathon bombing suspect Dzhokhar Tsarnaev was taken into custody, the federal government announced it would not give the suspect "Miranda Warnings" before interrogating him Withholding Miranda Warnings from a criminal suspect is a clear mistake The so-called "public safety exception" to Miranda is rare, and it doesn't apply to the case of the suspected Boston Marathon bomber First a...

3 Key Tools in Texas Criminal Discovery: Subpoenas, Subpoenas Duces Tecum and Writs of Attachment

Texas criminal discovery rules are continually evolving and the best criminal defense lawyers in Houston and across the state will not overlook any of the tools that may help lawyers discover evidence favorable to their clients Three key tools for discovery are the subpoena, subpoena duces tecum and writ of attachment  A subpoena is simply an order to appear in court and give testimony A subpoena duces tecum...

All I Want For Christmas Is a Little Honesty

The holiday season is in full swing, and so is Texas DWI enforcement Police agencies throughout the state are beefing up DWI patrols DWI defense attorneys in Houston and everywhere agree on one thing: the best way to avoid picking up a DWI is to avoid being behind the wheel if you’ve had too much to drink The Department of Public Safety and other government agencies are trying novel ways to discourage...

DPS Offers Driver’s License Information Website

If you are unsure about the status of your Texas Driver's license, the Department of Public Safety has launched a website which will allow you to check your current status Additionally, the website allows users to pay fees charged for suspension offenses, and lists any outstanding compliance items that need to be completed before driving eligibility is restored The website can be accessed...

The BAT Van Controversy Continues

It seems like almost every day there is a new twist to the BAT Van fiasco What is perhaps the most troubling about the controversy is the lack of transparency with which the DA's office has handled this matter Last Friday's Houston Chronicle featured a very well-written article which cut to the heart of the issue Judging by the chain of events involving allegations that police and prosecutors used flawed...