DWI/DUI
Tarrant County’s Alcohol Intervention Program at Risk
People convicted of drunk driving in Tarrant County may have underlying alcohol problems. The county is unusual in Texas in having a four-year alcohol intervention program. It’s a program that has its champions but is threatened by chronic underfunding. Risk Of Closure For Alcohol Program In Tarrant County In a recent interview, The Star-Telegram featured Farris Hamideh, a self-confessed “binge alcoholic” who was arrested three times in nine years for DWI. Hamideh’s life was turned around by his participation in a Tarrant County court program that seeks to rehabilitate chronic DWI offenders. Rather than incarceration, the program attempts to address [...]
Three Police Officer DWI Mistakes
When motorists are pulled over for a suspected DWI, they may not always realize their rights or pick up on instances when police officers are making a mistake or following improper procedures. However, police officer DWI mistakes occur more often than people realize. Here are three major police officer DWI mistakes. 1 Stopping a Suspect Without Sufficient Cause Stopping a suspect with insufficient cause is one of the leading mistakes police officers make during DWI arrests. A police officer must have reasonable suspicion a driver is impaired. Reasonable suspicion is having reasonable grounds that an officer can point to specific [...]
Texas DWI Suspect Drives Into Lake to Avoid Police
On occasions, suspects accused of driving while intoxicated will take extreme measures to evade the law. In a recent case, a driver was arrested after driving into a lake. A report on ABC12 noted police in Arlington said officers gave chase to suspect Daniel Basham after getting reports that an impaired driver had struck another vehicle. The Legal Consequences Of Evading Arrest In Texas As a police officer pursued Basham, the 40-year-old man drove his vehicle into Lake Arlington. Police said Basham allegedly jumped out of his car and attempted to swim to the Fort Worth side of the lake. [...]
Texas To Make It Easier To Fire People With Criminal Records
People with criminal records find it difficult to obtain or retain employment in Texas at the best of times. A serious offense on your record may render you unemployable. Even a misdemeanor like a DWI can seriously impact your future. Recently, The Nation, noted how a major change for employees with a criminal record may be underway. Under Title VII of the Civil Rights Act of 1964 blanket employment discrimination based on your criminal record is prohibited. Potential Implications For Employees With Criminal Records The federal government imposed this restriction because of the disproportionate amount of crimes committed by minorities in areas [...]
Raise the Age Advocates Campaign for 17-Year-Olds in Texas
For decades, 17-year-old defendants have been treated like adults in the Texas criminal justice system. However, the state is being targeted by raise the age advocates. Recently, New York became the latest state to raise the age of people who are charged and imprisoned as adults. In 2017, juvenile justice advocates celebrated a decision by the state to stop treating 16 and 17-year-olds as adults. National Movements To Raise The Age Of Criminal Responsibility By October 2019, teenagers under the age of 18 will no longer be sent to jails and prisons that house much older offenders, reported Think Progress. [...]
Case of Arrests at DC House Party Reaches the Supreme Court
An incident that started as a late night house party in Washington DC more than a decade ago has reached the U.S Supreme Court. The case of 21 people who were arrested for trespassing reached the highest court in the land in late 2017. Supreme Court Reviews DC House Party Arrests In the case of District of Columbia v. Wesby, the court’s justices heard arguments about whether police violated the Fourth Amendment rights of people they arrested for trespassing after they claimed they were invited to the vacant house on Anacostia Avenue NE. They will also consider whether confusion about the validity [...]
MADD Supports New Non Disclosure Law for Drunk Divers
A new law in Texas allows some DWI offenders to keep their convictions off the public record. Although the new non disclosure law is seen as a sympathetic law to offenders, it has been backed by the influential pressure group Mothers Against Drunk Driving (MADD). MADD Backs Texas Law For Sealing DWI Records The new law came into effect on Sept. 1, 2017. Criminal defense lawyers already report some clients are having their convictions sealed. For people charged with a first DWI, the new law offers considerable advantages if they qualify. A DWI conviction can have a devastating impact on your [...]
Texas Teens Are Trained On Police Interactions
Interactions between teens and other citizens and police in recent years have led to standoffs and, in some cases, tragedies. Now high schoolers, new drivers and teens will receive training in police interactions. Senate Bill 30 was pitched to Texas lawmakers amid heightened tensions between police and citizens. In Texas, the death of Sandra Bland, a 28-year-old African American woman in a police cell three days after a traffic infraction with a state trooper escalated into an arrest, was a catalyst for the new law. New Law Mandates Police Interaction Training For Texas Teens The legislation giving training in interactions [...]
Why Sobriety Checkpoints May Not Be Legal in Texas
Drivers dislike sobriety checkpoints but they are not legal in all states. It’s debatable whether drunk driving checkpoints and roadblocks are legal at all. At present, 38 U.S. states permit them while 12 do not. In Texas, a DWI arrest based on evidence obtained from sobriety checkpoints should not be legal. Legal Status Of Sobriety Checkpoints In Texas The key issue is whether or not generally stopping drivers violates a U.S. citizen's Fourth Amendment rights against unreasonable search and seizure. Sobriety checkpoints are not legal in Texas under a 1994 case in which the Court of Criminal Appeals ruled that [...]
Sobriety Tests Used for Driving Under the Influence of Drugs
Most drivers are aware of how they will be tested for driving while intoxicated (DWI) if they have been drinking alcohol. Few have any idea about the sobriety tests for drugs like marijuana. Evaluating Drug Impairment: Key Sobriety Tests Explained Unlike drunk driving, there is no standardized breath or blood test for driving under the influence of drugs. Typically, field sobriety tests are used that have changed little in years. These include the horizontal gaze nystagmus, the walk, turn, and the one leg stand test Officers have other tests in their repertoires such as alphabet or counting tests. A police [...]
