Verdicts and Testimonials
DWI - DISMISSED
DWI - DISMISSED - 9/14/05, CC #10, Client scored no clues on the HGN sobriety test, officer said he only smelled a "light odor of alcohol" on client's breath, client looked good on video, client was not intoxicated, State dismissed due to lack of evidence and good lawyering on our part.
Driving While License Suspended - DISMISSED
8/31/05, CC #13, state dismissed upon proof of
reinstatement
DWI - DISMISSED
CC #2, 8/26/05, Officer cited weaving across fog line and center
stripe as reasonable suspicion for traffic stop, unfortunately for
officer, she recorded the entire pursuit on video and it was clear
that the suspect never crossed any lines and did not weave at all,
additionally, client was not intoxicated.
Driving While License Suspended - DISMISSED
CC #4
Harris County, 8/5/05, State dismissed upon reinstatement and
with proof insurance
DWI - DISMISSED
CC #2 Galveston County, 8/11/05,
.13 Breath Test was inadmissible due to invalid 15 minute
observation period. Officer that observed prior to breath test
was not certified on Intoxilyzer 5000 as required by law, DA agreed
and dismissed case prior to hearing on motion to suppress
DWI - Not Guilty At Trial
The firm's client, "Joe," was arrested and charged with his first DWI offense in the early hours of one Saturday morning. Joe and his work colleague split a 6-pack of beer and went to play dominoes around 6:00 p.m. after work on a Friday. Joe drank half of the 6-pack and played dominos, and then left to go visit his mother.
From 8:30 to 11:00 pm that same evening Joe sat and talked with his mother. Joe did not drink any alcohol after he got to his mother's house. Joe fell sleep on his mother's couch and then got up at 3:45 am to go home to get ready for work that day.
Joe was pulled over at 4:00 a.m., had the smell of alcohol on his breath and reportedly failed the entire battery of sobriety tests he was given, including the HGN (Horizontal Gaze Nystagmus), the Walk & Turn and the One Legged Stand.
Joe performed the same sobriety tests at the police station but this time on video. He also refused the breath test. Joe looked extremely steady on the video. It is noteworthy that the officer administering those tests even lost his balance demonstrating the One Legged Stand.
The state offered Joe an incredible plea bargain which amounted to no jail time, no probation and a small fine of $100. Joe turned the empting offer down. Represented by Tyler Flood, Joe went to trial and was found NOT GUILTY.
Officer Not Certified - DWI DISMISSED
In August 2005, the firm represented a client charged with DWI in Galveston County. The firm filed a motion to suppress the client's .13 breath test on the grounds that it was inadmissible. The firm proved that the officer who observed the client during the 15 minute observation period was not certified on the Intoxilyzer 5000 as required by law.
Second Offense - DWI DISMISSED
The firm's client was arrested for a second DWI charge while on bond for the first DWI. The firm successfully negotiated a plea bargain with the State, and as a result the State dismissed the second DWI charge.
State Failed to Prove Defendant was Driving - DWI DISMISSED
In June 2005, the firm represented a client charged with DWI after being found attempting to start a vehicle which had crashed in a ditch. The case was dismissed because the State failed to prove that the firm's client was operating a motor vehicle.
State's Arresting Officer Lacked Credibility - DWI DISMISSED
In June 2005, the firm represented a client charged with DWI. The case was dismissed on the day of trial because the State's only witness was the arresting police officer who was recently fired for misconduct and his credibility was not something in which the state felt completely confident. The officer had been fired from the department for misconduct prior to the trial.
