Case Results


DWI Permanently Erased

When an Austin, Texas, police officer stopped my client, he reported that the client was swerving and speeding well over the posted limit. My client was arrested for DWI.

Not knowing he had the right to refuse, my client was give the Standardized Field Sobriety Tests (SFSTs). The report claimed my client failed these tests, displaying two of the four clues by losing his balance in the One-Leg Stand, turning incorrectly, was unable to walk heel-to-toe, and could not walk the line in the Walk and Turn. He did refuse the breath test.

The officer claims that my client smelled strongly of alcohol. He reported that my client admitted that he had taken Benadryl, had two mixed drinks and five beers. The report said that all six of the HGN (Horizontal Gaze Nystagmus, or eye jerk test) results were displayed. It also said the accused

I took my client to court and made it clear to the prosecutor for the state that we were going to fight the charges. The prosecutor finally dismissed the DWI. Pleading guilty to a non-DWI charge was a much lesser crime, and my client received deferred adjudication. This means he avoided conviction. The non-DWI charge is sealed and the original DWI arrest is permanently erased from his record. Truly a victory!


No DWI. No Probation. No Community Service.

My client was stopped because one of her headlights was out. The Sunset Valley, Texas, police officer pulled her over and claims he smelled alcohol on her breath. He said her speech was confused, she had red, glassy eyes.

She knew to refuse the SFSTs – Standardized Field Sobriety Tests – and the breath test. In refusing, the officer arrested her.

In vigorously defending my client to the prosecutor, the State agreed to dismiss the DWI. My client received a misdemeanor traffic ticket for having a headlight out. That’s a good win!


DWI Charges Dismissed

Arrested in Austin, Texas, for DWI, an Austin officer claimed my client was driving 61 miles an hour in a 40 mile-per-hour zone. The officer claims to have smelled a strong odor of alcohol. My client was reported to have unclear speech and red, glassy eyes.

My client didn’t know he could refuse to give a breath test or refuse the Standardized Field Sobriety Tests (SFSTs).

My client was arrested for DWI. The officer reported that all six of the intoxication clues on the HGN (Horizontal Gaze Nystagmus, or eye jerk test) were present. He reported that my client failed the Walk & Turn test because he could not walk heel to toe and lost his balance. He did give him credit for passing the One-Leg Stand as directed.

By letting the state prosecutor know they were in for a fight, I was able to get them to dismiss the DWI. My client received a misdemeanor traffic ticket. That’s a good day’s work! 


Automatic License Suspension Dismissed

Stopped by a University of Texas Police Department officer for backing into a gas pump and driving away, the officer claimed that my client smelled strongly of alcohol, had poor balance and bloodshot eyes.

My client knew to refuse the breath test, but did not know he could refuse the SFSTs – Standardized Field Sobriety Tests (SFSTs). My client was reported to have shown all six clues for intoxication on the HGN (Horizontal Gaze Nystagmus, or eye jerk test). It was reported that the accused began the test before directed to do so, swayed, and lost his balance on the Walk & Turn test. My client was accused of using is arms for balance and putting a foot down during the One-Leg Stand test.

When I appealed, DPS realized they could not prove the necessary facts to automatically suspend my client’s driver’s license and they dismissed the suspension case – my client’s license was not suspended.


Charges of DWI Dismissed

Stopped for driving at night without headlights in Austin, Texas, my client was arrested for DWI. She performed the SFSTs – Standardized Field Sobriety Tests – which she was unaware she could refuse, but she did allow a breath test because she did not know she could refuse.

The officer requested these tests because he said he smelled a strong odor of alcohol and her eyes were bloodshot and glassy. Based on his suspicions, he performed the HGN (Horizontal Gaze Nystagmus, or eye jerk test) and reported my client displayed all six of the possible intoxication clues. He claimed my client displayed several clues on the Walk & Turn test – inability to walk the straight line, inability to walk heel to toe, inability to turn properly and stopping during the test. Three of the four clues on the One-Leg Stand were reported: balancing with her arms, putting her foot down repeatedly, and swaying.

We won the case because I made it clear that we would fight the charges. After negotiations, the state’s prosecutor dismissed the DWI. My client paid a small fine after pleading to a misdemeanor offense less than DWI.


DWI Dismissed – No Probation, No Community Service

When the Rollingwood Police in Austin, Texas, stopped my client, they claimed she was driving 47 mph in a 40 mph zone. She performed the SFSTs – Standardized Field Sobriety Tests – but refused the breath test. She did not know she could refuse to do the SFSTs.

The report stated that my client had slurred speech, there was an odor of alcohol from her breath, and her eyes were red and watery eyes. She was accused of displaying all six clues for intoxication on the HGN (Horizontal Gaze Nystagmus, or eye jerk test). The Walk & Turn was failed because she lost her balance, failed to walk heel-to-toe, and did not follow directions properly. On the One-Leg Stand test, she balanced with her arms, put a food down, and nearly fell over. The police officer claimed my client leaned on her car because she could barely stand.

By making it clear to the prosecutor that we were going to fight the charges vigorously, the prosecutor dismissed the DWI. My client paid no fines, served no community service, endured no probation. Therefore, the arrest was erased from her record. Her license was never suspended. That’s an outcome she is happy to live with!


DWI Dismissed

Being clocked at 47 mph in a 30 mph zone got my client arrested in Austin, Texas. The officer arrested her for DWI after she submitted to the HGN (Horizontal Gaze Nystagmus, or eye jerk test) and failed. She could have refused to take the test. She did refuse the breath test and some of the Standardized Field Sobriety Tests (SFSTs).

The officer claimed to smell alcohol on her, said she had red, glassy eyes, and her speech was confused. She supposedly admitted to having four rum and coke drinks. He reported that she displayed six clues of intoxication on the HGN (Horizontal Gaze Nystagmus, or eye jerk test). He wrote in his report that she did not keep her balance well. She refused to complete the Walk & Turn test and the One Leg Stand test in the field sobriety tests.

The prosecutor agreed to dismiss the DWI because I made it clear we were determined to fight the charges. My client pled to a non-DWI offense.


No Probation. No Community Service. No DWI.

An enthusiastic state trooper in Travis County, Texas, stopped my client for driving 78 in a 60 mph zone.

Based on swaying, disordered speech, and red, glassy eyes, and because he did not know he had the right to refuse field sobriety tests (SFTSs) and a breath test, my client was arrested for DWI after the breathalyzer showed high results.

All six clues of intoxication on the HGN (Horizontal Gaze Nystagmus, or eye jerk test) were met. The Walk & Turn test showed eight clues met: losing balance, inability to walk a line, failing to touch heel to toe, stopping during the test, balancing with his arms, and turning incorrectly. Three to 4 clues were met on the One-Leg Stand test: balancing with his arms, putting a foot down for balance, and swaying. The officer claimed that my client almost fell over during the test.

We went to court prepared to fight, but our research showed that the arresting officer had been fired from his job. That was a tool we could use. The prosecutor dismissed the DWI. No fines, no probation, no community service. A job well done!

 

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