Plano Criminal Defense Attorney

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  • Are Field Sobriety Tests Accurate?

    Since police officers in Texas and across the country use field sobriety tests to establish probable cause in DWI arrests, many people believe that these tests are quite accurate. However, a number of researchers would argue that these tests possess flaws in determining impairment. How Were These Tests Created? During the 1970s, the National Highway Traffic Safety Administration (NHTSA) assigned ...
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  • Ignition Interlock Devices: What You Need to Know

    One of the many consequences that a person may face if convicted of driving while intoxicated (DWI) is the mandatory installation and use of an ignition interlock device (IID) in their vehicle. Simply put, an IID is an electronic device which attaches to a vehicle’s ignition and prevents a driver from being able to start their car unless they can provide a breath sample which registers a blood ...
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  • I Passed the Sobriety Tests - Why Was I Charged with DWI?

    You have just left a party with friends when you see it up ahead – a DWI checkpoint. Since you haven’t had much to drink, you feel confident and approach the roadblock. The next thing you know, the police are asking you to step out of the vehicle and perform a series of tests to gauge your level of intoxication. Despite seemingly passing all of these tests without an issue, you are shocked to be ...
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  • Are DWI Checkpoints Legal in Texas?

    In Texas, as well as across the United States, it is against the law to operate a motor vehicle with a blood alcohol content (BAC) or 0.08% or higher. However, the use of driving while intoxicated (DWI) checkpoints by law enforcement is another story. This has proven to be a divisive issue and in the U.S., 38 states allow DWI checkpoints while 12 do not. Texas belongs to the latter category. ...
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  • Why Is It Important to Fight Your DWI Charge?

    One of the most commonly asked questions attorneys receive regarding driving while intoxicated (DWI) charges is “why should I fight my DWI case?” When faced with breath or blood test evidence, field sobriety test results, and officer testimonies, many people simply believe that a conviction is inevitable and that they have no choice but to accept the consequences. The answer is simple: if you do ...
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  • Have You Been Wrongly Accused of Domestic Violence?

    When the police are called to investigate a report of domestic or family violence , in many cases, they cannot leave the property without making an arrest. This is supposed to be a step to ensure that the violence or an assault doesn’t happen again as soon as they leave, but what does it do when the claim of domestic violence is entirely fabricated? In the end, it only creates the unreasonable ...
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  • How to Beat a DWI Charge

    There is no such thing as an unbeatable charge, no matter what the police or prosecution claim. The whole purpose of the criminal justice system, jury trials, and hearings before judges is deciding whether or not someone’s charges are justified, or if they should be dismissed. So if you get arrested for driving while intoxicated ( DWI ) in Texas, you must remember that there is hope for your ...
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  • What is the Difference Between Misdemeanors & Felonies?

    If you want to increase the strength of your defense against criminal charges, it helps tremendously to know what you have been accused of doing. Does your charge say it is a misdemeanor ? Or is it a felony accusation you are facing? Understanding the differences between misdemeanors and felonies is something that everyone should know, especially before stepping into the courtroom. Misdemeanor & ...
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  • DWI Avoidance

    Protect Your Rights During a DWI Stop Imagine you’re the designated driver on a Saturday night. Perhaps you only had a couple beers and feel perfectly confident to drive your friends home. All designated drivers face a challenge: they must be able to concentrate when driving with rowdy people in their vehicle. Under these circumstances, it’s easy to accidentally roll through a stop sign, misjudge ...
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  • About DWI Driver's License Suspensions in Texas

    The DWI license suspension period varies. In most Texas DWI first offense misdemeanors, there is no driver’s license suspension if your attorney negotiates a plea deal for DWI probation. However, a Texas DWI conviction for driving while intoxicated under the age of 21 many times results in an automatic suspension for one year. Texas Transportation Code 521.344, if the person arrested for DWI in ...
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  • DWI Classes - Texas DWI Education Program

    Article 42.12, Section 13 (h), Code of Criminal Procedure requires persons convicted of first offense DWI and receiving probation, to attend and successfully complete a DWI educational program. Failure to complete the program within 180 days (unless and extension given) from the date probation was granted will result in the offender’s license being revoked. The standardized program is 12 hours in ...
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  • Can You Refuse a DWI Blood Draw in Texas?

    Q: Are search warrants to physically extract a blood sample legal when a DWI arrestee refuses to give blood/breath sample when asked? For now, yes. Generally speaking, the mandatory taking of a blood sample under the new Texas “no refusal” law has been upheld by a Texas court (wrongfully, in my opinion) as a “reasonable search and seizure” within the scope of the Fourth Amendment to the United ...
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  • Are DWI Breath Tests Admissible in Court?

    People throughout the United States-especially Texas DWI lawyers-are concerned about the relibability of breathalzer tests. There are two types of Breathalyzer tests used by the police and sheriff departments in Dallas and Collin County: the roadside breath test device, and the Intoxiylzer5000. The roadside breath test is so unreliable that a good Plano DWI lawyer will be able to keep the results ...
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  • What You Need to Know About DWI ALR Hearings

    The Texas Department of Public Safety (DPS) will attempt to suspend the driver’s license of a person arrested for DUI who either refused to submit to a DUI breath test or failed the DUI breath test (or blood test). This is known as the "Administrative License Revocation" (ALR) process. The bottom line is this: You have 15 days from the date of your arrest to have an attorney request an ALR Hearing ...
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  • You Can Refuse a Breathalyzer Test, But Not a Blood Warrant

    You have the right NOT to incriminate yourself under the 5 th Amendment of the United States Constitution, meaning you cannot be compelled to “dig your own ditch”-so to speak-by the police. Therefore, you can (and probably should) refuse to take the breath test if you have had more than a couple of drinks and don’t know if you will pass. The best excuse to give the police is to tell them (and the ...
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