- Texas DWI Blog

Ambien DWI Case Dismissed

bbaker — 2010-02-26T14:50+00:00

Police officers were dispatched to a parking lot after a caller reported a possible intoxicated driver. The police respond to the scene and find our client walking from the driver's seat to the passenger side of the vehicle. He was in fact changing drivers because he began to fell the effects of the ambien that he had taken shortly before leaving his house. He had nothing to drink - only the ambien was in his system.

Obviously, when the police investigated him, he appeared intoxicated. In fact, client had difficulty even standing up because the effect of the ambien was continuing to increase. He failed the field sobriety tests miserably.

The prosecutor handling the case actually "gets it". He understood that our client was intoxicated, but realized that our client was doing the right thing (letting someone else drive). The DA said something like, "He did the right thing by changing drivers when he realized the ambien was kicking in - what else is he suppose to do in that situation." We need more prosecutors like him that are willing to listen and take into consideration all circumstances. DWI cases are not a one size fits all type of crime.

If you or someone you know needs to speak to a Houston DWI Attorney, call our Houston DWI Lawyers at 713-222-0400.

Prosecutors Disagree with Police Officer - Dismiss DWI Case

bbaker — 2010-02-08T14:45+00:00

The assistant Harris County District Attorney handling client's Houston DWI disagreed with the arresting officer's evaluation of the case and dismissed the DWI. After stopping client for a traffic infraction, the Houston officer smelled alcohol and asked the client to perform field sobriety tests.

At the conclusion of these field sobriety tests, officer arrested client for a Houston DWI. On the Motion to Dimsiss filed by the prosecutor was written, "Can't prove beyond a reasonable doubt. Defendant passed all standardized field sobriety test." Finally, the prosecutor and I have a similar view on a file.

If you have been charged with a DWI and need a Houston DWI lawyer, call the Houston DWI attorneys at 713-222-0400.

Houston DWI Suspect Clear after Posecutor Dismisses Case

bbaker — 2010-01-25T13:05+00:00

Not unlike many that are arrested for a DWI in Houston, Texas, our client was speeding on his way home from a bar. He had been there for several hours, drinking a beer per hour. After being pulled over, he told the Texas DPS Trooper that he had been drinking at the bar for the past 6 hours and that he had 6 beers.

Client also informed the Trooper that he had ACL damage to his knees and that he was extremely nervous. As is the norm, the DPS Trooper had him perform the standard field sobriety tests and then arrested him for DWI.

From the moment of his arrest, client has maintained that he is innocent. Fortunately, the prosecutor saw the light and dismissed the DWI case today. Needless to say, client is ready to get back to his normal life.

If you need a Houston DWI Attorney, call the Houston DWI Lawyers of Johnson, Johnson & Baer, P.C at 713-222-0400.

Police Officers Stop Defendant without Reasonable Suspicion - Case Dismissed

bbaker — 2010-01-22T10:48+00:00

According to the offense report, police officers pulled client over for DWI because there was a 911 call that said our client's vehicle was being driven by an intoxcated driver. Through our investigation, however, that was a misrepresentation of the call to 911. The 911 caller actually relayed to the police that he observed a driver of a vehicle that was - get this - weaving in his lane and the caller thought the driver may be intoxicated or on his cell phone. Isn't that what we all do when we drive, weave within our lane. Driving is by its nature a contolled weave.

Houston Police officers found our client and pulled him over. The problem - there was no reasonable suspicion for the stop. The prosecutors agreed and the DWI case was dismissed.

If you or somone you know needs a Houston DWI lawyer, call the Hosuton DWI attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400.

Another Dismissal of a Breath Test Case - Result of Breath Test .10

bbaker — 2010-01-19T14:34+00:00

Houston Police officers stopped client in the early morning hours on a Saturday morning for speeding. Client is a waiter at an upscale Galleria area restaurant and had been working all night. After all patrons had left the restaurant, client had a few drinks with his co-workers. Client then left the restaurant and was pulled over by Houston Police Officers a short time later for speeding. After the police questioned client, they decided to have him perform field sobriety tests. The police officers determined that he had not performed the best on the police exercises and arrested him for Driving While Intoxicated / Drunk Driving. The Houston police took client to the station and asked him for a breath test. Being compliant, client took the test and registered a .10 - over the legal limit. The State wrote the following on the dismissal, “State will not be able to extrapolate Defendant’s alcohol level at time of driving and Defendant performed well on Standardized Field Sobriety Tests.” 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. Dane Johnson is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Houston DWI Case Dismissed on Day of Trial

bbaker — 2010-01-15T11:16+00:00

Harris County prosecutors today dismissed a Houston man's DWI case because they determined the police officer did not provide enough evidence to convict the defendant. According to the police report, the client was driving on the wrong side of the road and almost had a head-on collision with the Houston police officer. The officer turned his patrol car around and stopped the client. Understandably, the police officer was quite upset that the client had almost had a head-on collision. The officer then performed field sobriety test on the suspect and arrested him for DWI / drunk driving. Jordan Lewis was able to show prosecutors the errors that the officer had committed while giving the field sobriety tests and ultimately convinced them to dismiss the DWI. 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. Dane Johnson Board Certified Criminal Law Specialist

.13 Breath Test DWI Dismissed after Judge Grants Motion to Suppress

bbaker — 2009-12-21T16:56+00:00

Defendant and his wife were in an verbal altercation and wife called the police. Police arrive on the scene - Defendant is not there. While police are speaking to wife, the defendant drives by the house and she quickly points the car out to the police. Police stop the vehicle and conduct a DWI investigation.

Ultimately, the police arrest the defendant for DWI. After transporting him to the police station, the defendant takes a breath test that registers a .13 breath alcohol concentration.

After a suppression hearing about the stop, the Judge concludes that the police did not have reasonable suspicion to stop the client and suppresses all evidence in the case.

Houston DWI lawyer Jordan Lewis successfully handled the case. If you or someone you know needs a Houston DWI attorney, call the attorneys at Johnson, Johnson & Baer, P.C. at 713-222-0400.

Houston DWI Dismissed

bbaker — 2009-12-09T14:57+00:00

According to DWI task for officer JL Aquilar, Client was stopped for drag racing another vehicle and speeding on Westheimer in West Houston. Aquilar claims client had a strong odor of alchol, glassy eyes and slurred speech. Aguilar had client perform field sobriety exercises and claims client failed those tests. Client was then arrested for driving while intoxicated, taken to jail and asked to take a breath test. Client refused the breath test.

Through his hard work and diligence and after 5 months of court appearances, Alan Baer convinced the prosecutor to dismiss the DWI for insufficient evidence.

If you or someone you know has been arrested for DWI, call Houston DWI lawyer Alan Baer at 713-222-0400. Our Houston, Texas DWI attorneys have handled hundreds of DWI case.

Conroe Felony DWI Case Dismissed After Cop Indicted

bbaker — 2009-11-24T14:38+00:00

Conroe Police arrested our client for a felony DWI. However, a strange turn of events occurred. Since the arrest of our DWI client, the officer is now under indictment for falsifying a DWI offense report.

As a direct result of the cop's indictment, our client's felony DWI case has been dismissed. It sure will be interesting to see what happens to this DWI cop's case.

DWI cases are dismissed for many different reasons. If you or someone you know needs a Texas DWI lawyer, call the Texas DWI attorneys at 713-222-0400.

.18 Breath Test DWI case dismissed because breath test warning improperly given

bbaker — 2009-11-03T15:22+00:00

Jordan Lewis successfully defended a .18 breath test case by demonstrating to prosecutors that the state mandated statutory warnings that an officer is required to give a defendant before requesting a breath test were not given properly. After convincing the Harris County prosecutor that the breath test was going to be inadmissible, the government dismissed the Houston, Texas DWI case.

If you or someone you know need a Houston, Texas DWI lawyer, call the DWI attorneys at 713-222-0400.

Hung Jury in Fort Bend County DWI Trial

bbaker — 2009-10-30T12:51+00:00

Fort Bend County jurors were deadlocked in a DWI trail this week after three days of trial. The Defendant in the case was stopped for allegedly not using his left turn signal at a light.

Upon questioning by the deputies, it was determined that the defendant had been at gentleman's club and had been drinking. According to the deputies, defendant was unable to answer basic questions and arrested him for Driving While Intoxicated / DWI / Drunk Driving. Defendant refused all field sobriety tests and refused to take a breath test.

Dane Johnson - Houston DWI lawyer

DWI Dismissed Moments Before Trial Begins

bbaker — 2009-10-20T15:21+00:00

A jury panel was waiting in the hall just before jury selection was to begin when a Houston, Texas prosecutor decided to throw in the towel and dismiss the Houston DWI case. Houston DWI attorney Alan Baer was instrumental in pursuading the prosecutor to dismiss the case.

Client was pulled over for speeding as he exited the freeway. According to the officer, client performed poorly on the field tests and was arrested. The officer then offered the client the choice to take a breath test on the brethalyzer or not - client declined the offer and was given a free ride downtown. The officer then had the client do the tests again at the station. Officer claimed he did poorly again.

Due to his persistence and willingness to try the lawsuit, Houston DWI lawyer Alan Baer was able to get a last minute dismissal on the case.

Houston, Texas .17 and .18 Breath Test DWI Case Dismissed

bbaker — 2009-10-19T15:18+00:00

Jordan Lewis obtained another dismissal for a client that took a breath test with results of .17 and .18. Despite having a breath alcohol level of over twice the legal limit, Mr. Lewis convinced the State prosectuor to dismiss the Harris County DWI case.

Client was origianlly pulled over for speeding in Northwest Houston by the Cypress Police. The Cypress Police conveniently did not have a video for the field sobriety tests that they did at the scene. Client fully cooperated and did the field exercises again at the station and did not appear intoxicated. Client then took a breath test with the above results.

Houston, Texas DWI Lawyer Jordan Lewis was able to expose some problems with the breath test and the way the test was given that rendered the results inadmissible. Because the police were left with only the video that looked good for client, the State was forced to dismiss the case.

Montgomery County, Texas Breath Test DWI Trial - Dismissed After Jury Selection

bbaker — 2009-10-14T10:46+00:00

A man charged with a Montgomery County DWI more than 2 years ago finally had his day in court. Houston DWI Lawyer Dane Johnson represented client in the DWI case. According to the deputy that arrested him, client was stopped for weaving, failed the field sobriety tests and blew a .10 on the breath test. In spite of this, client's case was dismissed in the middle of trial.

After the jury was selected and sworn, the Court proceeded with testimony regarding the initial stop of client. Montgomery County Sherriff Deputy testified that client was pulled over for weaving and failure to maintain a single lane of traffic. He even went on to say that he pulled client over because he suspected he was driving while intoxicated and to provide a wellfare check for client.

Unfortunately for the deputy, the Court ruled that the deputy did not have a valid reason for stopping client and clilent's motion to suppress was granted. The case was then dismissed.

If you ar someone you know needs a Houston DWI attorney or Houston Criminal Defense lawyer, call Dane Johnson at 713-222-0400.

New Houston DWI Lawyer Blog

bbaker — 2009-10-06T15:17+00:00

The Houston, Texas DWI lawyers at Johnson, Johnson & Baer, P.C. have recently launched a new Houston DWI Blog. Specifically, the blog gives insight into DWI cases, DUI defenses and current events related to Texas DWI cases.