Texas DWI Blog
Harris County .18 Felony DWI Dismissed
Dane Johnson and Alan Baer successfully had a .18 Breath Test Felony DWI case dismissed after investigating the case and determining the police had no reasonable suspicion to stop client's vehicle.
Police officer pulled client over for allegedly having an invalid license plate cover - he claimed the plate obstructed the word "TEXAS" on the license plate. After client admitted drinking, the officer had client get out of the car and perform field sobriety tests. Client failed all of the field sobriety tests and was arrested for DWI. After being taken to the police station, client gave a breath test and blew into the breathalyzer. The result of the breathalyzer indicated the client had a breath alcohol concentration of .18 - over twice the legal limit in the state of Texas.
Clinet then hired Houston DWI Lawyers Johnson, Johnson & Baer, P.C. to defend his case. We were able to successful show the prosecutors that the reason the officer stopped our client was not justifiable under current Texas law. The officer was mistaken in what he believed the law to be. Fortunately for our client, our Houston DWI Attorneys educated the prosecutors and the police about what the law actually states. After this education, the prosecutor was forced to dismiss our client's Houston DWI.
Dane Johnson, Leslie Johnson, Alan Baer and Jordan Lewis are Houston Criminal Lawyers with over 45 years of experience. If you or someone you know has been charged with a crime call our criminal attorneys at 713-222-0400.
A Houston man's DWI case was dismissed during the trial after Houston DWI Lawyer, Dane Johnson, exposed witness tampering by the government during cross examination of a crucial witness. After the government's attorney finished questioning a witness in the DWI trial, Dane Johnson began a rather routine cross-examination of the witness. Quickly, the routine questioning turned into something much larger.
As it turns out, it was exposed that the witness was specifically told by the government's attorney not to talk to Dane Johnson, the lawyer representing the DWI suspect. There are serious ethical issues that do not allow a lawyer from one side to instruct a witness not to speak to the other attorneys about the case. After this revelation and discovery by Houston DWI Attorney Dane Johnson, the State decided not to pursue the DWI charge any further and dismissed the DWI case.
If you or someone you know has been charged with a crime, call the Houston criminal lawyers of Johnson, Johnson & Baer, P.C. at (713) 222-0400.
A Houston attorney represented by Dane Johnson had her Harris County DWI dismissed. According to Pasadena police officers, the lawyer was driving in the early morning hours without her lights on when the officer pulled her over for the traffic offense.
As a member of the bar, the lawyer client politely requested that she be allowed to contact her attorney prior to doing any tests or answering any questions. The officer responded by saying, "You know I'm going to have to take you to jail?" and he arrested her for Driving While Intoxicated / drunk driving / DWI.
At the police station, the officers attempted to have client take the breath test. As she knew she was under no obligation to do any of their tests, client respectfully refused and again asked that she be allowed to contact her Houston DWI lawyer.
If you know someone charged with DWI, contact the Houston DWI attorneys of Johnson, Johnson & Baer, P.C. at 713-222-0400. Dane Johnson is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has handled hundreds of DWI cases.
A Harris County Judge granted our motion to suppress the stop and motion to suppress the breath test today - the state was left with no option but to dismiss the Houston DWI case. Houston DWI Lawyer, Dane Johnson represented client throughout the proceedings.
Client was stopped for failure to maintain a single lane in April 2008. The officer testified that she had a strong odor of alcohol on her breath, red glassy eyes and her speech was fair. After she allegedly failed the field sobriety tests, the Houston police officer arrested her for driving while intoxicated / drunk driving / DWI. Client was taken to the police station and gave a breath test that resulted in scores of .12 and .13.
After testimony by 3 state witnesses and client, the Judge determined that the officer did not have a reason to stop client and that the breath test was coerced and therefore inadmissible. The state then was forced to dismiss the DWI.
Dane Johnson is a Houston DWI Attorney and Houston Criminal Lawyer. If you need a Houston lawyer, call 713-222-0400.
The Houston DWI lawyers at Johnson, Johnson & Baer, P.C. have been informed by sources within the Houston Police Department that the next two weekends will be "No Refusal Weekends" in Harris County. Police agencies throughout Texas have been using these "No Breath Test Refusal" weekends to discourage drunk driving and driving while intoxicated cases.
Time will tell if the forcible taking of blood from a citizen reduces the number of Texas DWI offenders. I know that I fundamentally disagree with the government forcing a citizen in a misdemeanor case to give blood. If a citizen refused to give the blood and the state gets a warrant for a blood sample, they can literally strap you down in a chair and forcibly take your blood - this is for a misdemeanor DWI case. I do not believe that our founding fathers would agree that this is Constitutionally legal. We need to put a stop to the Government being so intrusive in our lives.
Dane Johnson - Houston DWI Attorney and Houston Criminal Defense Lawyer
Houston DWI attorneys Leslie Johnson and Dane Johnson recently attended the Mastering Scientific Evidence in DWI / DUI cases conference put on by the National Association of DWI / DUI Defense Lawyers (NCDD).
The seminar proved to be incredibly useful in dealing with the ever increasing number of arrests for DWI that have blood warrants and breath tests. The number of arrests that are being made for DWI that have blood draws has increased dramatically over the last year. The science related to blood draws needs to be critically challenged when the government is trying to convict a citizen of DWI / DUI.
Breath tests have a number of problems with the way the tests are administered and the results that the breath test machine produces. A quality Houston DWI lawyer should be able to analyze the breath test and expose the potential problems with the breath test. Training is a key component to competently handling the ever changing DWI breath tests and blood tests in DWI cases.
Dane Johnson is Board Certified in Criminal Law by the Texas Board of Legal Specialization and handles only criminal matters. Leslie Johnson limits her practice to handling DWI / drunk driving cases and all other alcohol related offenses.
The government dismissed a case on the morning of trial after Dane Johnson announced that he was ready to challenge the government's witnesses durring the jury trial.
According to police reports, a civilian manager of a bar called 911 to report client for leaving the bar while intoxicated. Client allegedly fell off of a bar stool prior to his departure. The officer pulled client over based on this 911 call and arrested client for driving while intoxicated / DWI / drunk driving. He claims to have smelled alcohol on client's breath, observed slurred speech and red blood-shot eyes
After transporting client to the Humble police station to do field sobriety tests and a breath test, client refused to do either. The officer believed client to be intoxicated. Fortunately, after careful examination of the video and information provided by Houston DWI attorney Dane Johnson, the prosecutor made the correct decision to dismiss the case.
If you need a DWI lawyer, call the Houston DWI lawyers at Johnson, Johnson & Baer, P.C. at (713) 222-0400 to discuss your DWI case. Dane Johnson is Board Certified in Criminal Law.
Jordan Lewis took the lead in a jury trial this week where our client took a breathalyzer test that showed he was .15, almost twice the legal limit of intoxication. After more than five hours of deliberations on the DWI case, the jury was deadlocked and unable to reach a unanimous verdict. In fairness to the prosecutors that tried the case, they decided to dismiss the DWI case based on the original jury trial and the evidence that was presented.
The police officer testified that Client was pulled over for weaving and had trouble producing his Texas driver's license; in fact, the officer said that client originally handed him his Randall's card before realizing that he did not hand him his driver's license. the police officer went on to say the standard signs of intoxication existed - slurrred speech, red glassy eyes and a strong odor of alcohol. The officer then said he performed poorly on the field sobriety tests and the officer made the decision to arrest him for driving while intoxicated / drunk driving / DWI.
The governement then called their hired expert to testify that the breath test machine is the greatest machine ever. During cross examination by Jordan Lewis, however, many potential problems with the breath test machine were exposed casting doubt on the reliability of the machine. Ultimately, the jury just didn't have enough evidence to convict client. Instead of having another jury trial on the case, the governement dismissed the DWI case.
Thank you to client for having the courage to go to trial and conratulations to both client and Jordan Lewis for another great victory.
Dane Johnson
Board Certified Criminal Law Specialist
If you or someone you know needs a Houston DWI Lawyer, call the Houston DWI Attorneys of Johnson, Johnson & Baer, P.C. at 713-222-0400. Leslie Johnson, Dane Johnson, Alan Baer and Jordan Lewis are Houston Criminal Lawyers that have assisted hundreds of criminal clients.
Chanton Jenkins has been charged with four counts of intoxication manslaughter and a fifth charge of intoxication manslaughter is likely when investigators find the remaining child that is presumed to have drowned.
According to reports, Jenkins was driving while intoxicated - DWI - at the time he drove his vehicle into a ditch that led to the death of five young children. Four of the children have been found, while the fifth child is still missing. Police officers and dive teams have been searching for the remaining child.
According to the officers, Jenkins failed field sobriety tests and failed a breath test. Reportedly Jenkins blew a .079 and a .082. What the police fail to admit, there own regulations say that the number that should be used in a breath test like this is .07. DPS regulations require that the lower of the two scores be used. Therefore, Jenkins was not over the legal limit at the time of the breath test, but in fact, under the legal limit.
Police officers also took a sample of his blood and are awaiting the results. It seems obvious to most that blood tests are much more reliable than breath tests.
If you need a dwi attorney in Houston, contact that Houston DWI Lawyers at Johnson, Johnson & Baer, P.C. at 713-222-0400.
Dane Johnson
Board Certified in Criminal Law by the Texas Board of Legal Specialization
A Houston DWI police officer has been under investigation for months for the mishandling of an intoxication manslaughter investigation. As first reported by Dane Johnson in his February 6, 2009 blog, Officer M.E. Wick has been the subject of an ongoing investigation into possible criminal activity for several months. Despite this ongoing investigation, the Harris County District Attorney's office seems to still want to keep the investiagtion as quiet as possible. Wick participated in all aspects of DWI / DUI / Drunk Driving investigations and was the breath test operator for many breathalyzer tests.
The investigation into Wick's misconduct stems from a fatality crash. Wick conducted the accident investigation and wrongly charged the passenger of a vehicle with intoxication manslaughter. The problem - a passenger can not legally be charged and convicted of intoxication manslaughter because one of the elements in an intoxication manslaughter charge is that the person charged must be "operating" the vehicle at the time of the accident.
Despite a duty to give us this information, the Harris County District Attorney's office has yet to notify me of any of this. Instead, we have had to investigate this unfortunate situation ourselves. Due to our extensive investigation, we have had 3 Houston DWI cases dismissed so far regarding this officer.
If you need a Houston DWI Lawyer, call our Houston DWI Attorneys at 713-222-0400.
A Harris County jury found our client "Not Guilty" of Driving While Intoxicated after only 45 minutes of deliberation. Dane Johnson was the lead defense lawyer for client charged with DWI and mounted a vigorous defense.
According to the police officer, client was given 3 standardized field sobriety tests and failed all of them. The officer first did the Horizontal Gaze Nystagmus test - client had a total of 6 clues of a possible 6 clues. Next, the officer had client perform the Walk and Turn test, where client allegedly had 4 out of 8 clues. The officer tehn gave client the One Leg Stand test - client allegedly failed this test also. Finally, client was asked to recite the alphabet. After three unsuccessful attempts, the officer arrested client for drunk driving. Upon being arrested, client first admitted a couple of drinks, but when pressed by the officer, he admitted to having "at least 8 drinks."
Client had been advised by friends and family not to take a breath test and he refused a breath test at the police station.
In speaking with the jury after the Not Guilty verdict, the jury told Johnson that they had a reasonable doubt based on Johnson's relentless cross examination of the officer making the arrest.
If you or someone you know needs a Houston DWI Lawyer, call the Houston DWI Attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400.
Along with two others, Anaheim Angel's starting pitcher Nick Adenhart was killed by a suspected drunk driver on his way home from the ballpark after pitiching in his first big league game. Manager Mike Scioscia commented, "It is a tragedy that will never be forgotten."
According to reports, Adenhart was the riding as a passenger in a vehicle that was struck when the allegedly drunk driver ran a red light and broadsided the vehicle. The car Adenhart was is then collided with another vehicle. The driver of the minivan that ran the red light then fled the scene of the accident, but was arrested about 30 minutes later. Police identified the driver of the minivan as 22 year old Andrew Gallo. According to police, Gallo was driving with a suspended license from a previous driving while intoxicated / DWI / DUI conviction.
Early results showed that Gallo's blood alcohol level was substantially over the legal limit of 0.08. Gallo is being held on 3 counts of murder, felony hit and run 3 counts of intoxication manslaughter and felony driving under the influence / DWI / DWI and is being held without bond. Pending further investigation, more charges may be filed.
Dane Johnson is a Texas DWI Lawyer. If you need helpe defending your DWI / DUI, call our Houston DWI Attorneys at 713-222-0400.
On the night of March 14, 2009, an intoxiccated Donté Stallworth allegedly struck and killed a pedestrian, Mario Reyes, as Mr. Reyes tried to cross the MacArthur Causeway in Miami, Florida. Stallworth is a wide receiver for the NFL’s Cleveland Browns.
According to police, Mr. Stallworth told them that immediately prior to the accident, he flashed his high beams to warn the pedestrian not to cross. Apparently the warning was not heeded, and he crossed, about 20 feet away from the nearest intersection and, presumably, the nearest crosswalk. Mr. Stallworth’s car was apparently moving at approximately 50 miles per hour at the time of the accident. The speed limit was apparently 40 miles per hour.
After performing field sobriety tests on Mr. Stallworth, police took a blood sample from him on the scene. Analysis of the sample showed that Stallworth had a blood alcohol content (Blood Alcohol Concentration - BAC) of 0.126%. Florida’s per se limit for intoxication in DWI/DUI cases is 0.08%.
When Mr. Stallworth appeared in court at the end of last week, he posted a $200,000 bond, and the judge set an arraignment date of April 23.
His status with the NFL is still uncertain.
Jordan Lewis is a Houston DWI Lawyer. If you need a Texas DWI Attorney, call the lawyers at Johnson, Johnson & Baer at 713-222-0400.
A uniformed Harris County Sheriff's Deputy was arrested after he voluntarily stopped to assist another officer on a traffic stop near his home in Montgomery County, Texas. Shortly after the Harris County Deputy stopped to assist the other officer, a Texas Department of Public Safety trooper arrived on the scene and smelled alcohol. According to reports, after the arrest for suspicion of driving while intoxicated - DWI, Deputy Murray Campbell was offered and refused to take a breath test. The arresting DPS trooper then obtained a warrant to take Campbell's blood. The results of the blood test should be available in the next couple of weeks. Campbell posted bond and will have a court date in the near future.
Dane Johnson - Houston DWI Lawyer
Call the Texas DWI attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400 to discuss your DWI case.
After hearing testimony regarding our client's breath test, a Harris County Judge determined that the .18 breath test was not voluntary and suppressed the test. Pursuant to an agreement, the Government was forced to dismiss the DWI.
Dane Johnson represented client through the proceedings and vigorously cross-examined the arresting police officer about the breath test and the events leading up to the breath test. Ultimately, it was determined that the police officer informed client prior to him taking the breath test that if he passed the breath test, he would not be charged with Driving While Intoxicated - DWI. Client relied upon this statement and decided to take the breath test. Texas courts have determined a breath test with this type of promise is not voluntary.
Johnson, Johnson & Baer, P.C. is a firm of Houston DWI Lawyers. If you or someone you know has been charged with drunk driving or any other alcohol related offense, call our Houston DWI Attorneys at 713-222-0400. Houston Criminal Lawyer
As previously reported, Judge Alan Sadler was involved in an accident in March 2009. Montgomery County law enforcment officers investigated Sadler for possible drunk driving charges and had Sadler perform standardized field sobriety tests. According to reports, Sadler performed poorly on the field sobriety tests and was detained for a short time that evening. According to law enforcement officials, Sadler initially refused to take a breath test and a warrant to take his blood was obtained. Eventually that night, Sadler was released and not charged with DWI / drunk driving pending the results of the blood test. Reportedly, the results of the blood test showed that Sadler was over the legal limit and was charged with Driving While Intoxicated - DWI.
Dane Johnson is a Houston DWI Attorney and is Board Certified in Criminal Law. If you need a Houston DWI Lawyer, call Johnson, Johnson & Baer. P.C. at 713-222-0400.
A Newark, Ohio, man was charged with drunk driving after he wrecked his motorized barstool. He had mounted the stool on a metal frame and added a modified lawnmower engine. He reports that the contraption will get up to 40 mph. One evening, as he was coming home from the bar, he lost control, crashed, and fell off his stool. He landed safely, but it landed him in jail.
Police responding to the scene found the crashed stool and an intoxicated-looking man. Witnesses reported that they initially thought he was walking--he was about the right height while sitting on the stool. During the investigation, the driver reported to police that he'd had more than a dozen beers. By the end of the night, he found himself in custody for Operating a Motor Vehicle Under the Influence (OUI, Ohio's name for DWI).
Jordan Lewis is a Houston DWI Lawyer. If you need a Houston DWI Attorney, call Jordan at (713) 222-0400.
Police arrested several citizens and charged them with Driving While Intoxicated - DWI / DUI over the past weekend. According to reports, law enforcement officers in conjunction with a judge and medical personnel forced people to give blood samples if they refused to voluntarily give a sample of their breath. Apparently, there was a judge and medical staff in the parking lot of Rookies Sports Bar on Rayford Sawdust Road in north Montgomery County.
Many Houston DWI lawyers have questioned the practice of forcing blood out of a citizen for a misdemeanor offense. Our Texas legislature has given specific instances where the police can take blood from a citizen without the citizen's consent. These instances do not allow for the taking of blood unless there is and accident and a victim of the accident has suffered serious bodily injury or death.
A Houston DWI conviction can have severe long-term consequences. If you or someone you know has been charged with a Houston DWI / Houston DUI, Harris County DWI, Galveston County DWI, Montgomery County DWI, Fort Bend County DWI or Brazoria County DWI, call the attorneys at Johnson, Johnson & Baer at 713-222-0400. Our lawyers have handled hundreds of Houston DWI cases.
From our experience in dealing with DWI / DUI cases, the citizen accused's driver's license case is ignored by the client or lawyer handling the case. Our client's need a valid Texas driver's license almost daily to function in Houston, Texas. We will fight to keep your client's Texas Driver's License.
Just as importantly, the Texas Administrative License Revocation (ALR) hearing is a critical component in defending your Houston DWI. A knowledgeable Houston DWI Lawyer can often use this ALR hearing and the information that is obtained at this hearing to ultimately get your Houston DWI / DUI dismissed.
Dane Johnson is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Contact Dane Johnson at (713) 222-0400.
Houston, Texas Criminal Lawyer
Houston, Texas DWI Attorney
Arrested for a Houston DWI over one year ago, our client was found "Not Guilty" of Driving While Intoxicated by a jury after only 30 minutes of deliberations. Jordan Lewis took the lead on the DWI defense case and challenged the evidence that the government presented at the trial.
According to the police officer, client was pulled over for running a blinking red light late in the evening after leaving a bar in midtown. The officer said our client had a strong odor of alcohol, slurred speech, red galssy eyes and was slow to respond. The Houston DWI task force officer had client perform field sobriety tests and the officer concluded that our client had failed those tests and arrested the client for DWI. After the DWI task force officer transported our client to jail, the officer asked him to take a breath test and breathe into the breathalyzer. Because he had always been warned to never take a breath test, client refused to blow into the breathalyzer.
The Houston DWI task force officer testified today in court today that client failed all field sobriety tests and that it was his professional opinion that our client was intoxicated. Obviously the jury disagreed and said so by returning a verdict of "NOT GUILTY."
Leslie Johnson, Dane Johnson, Alan Baer and Jordan Lewis all represent clients charged with driving while intoxicated - DWI, drunk driving and all other alcohol related cases. If you have been charged with a DWI, call the Houston DWI Lawyers at 713-222-0400. Our Houston DWI Attorneys have handled hundreds of Houston DWI cases just like your case.