Search results for category: DWI/DUI
Military career saved after Houston DWI Case Dismissed
After another vehicle crashed into her vehicle, a respected military member called the police to report the accident. She had been out with friends and was on her way home. Her car was totalled.
When the police arrived at the scene of the accident, they focused their attention on investigating our client - a respected member of the military. They did not seem to be interested in investigating the person that fled the scene of the accident, instead they began grilling our client about where she had been and how much she had to drink. She fully cooperated and answered all of their questions.
They then asked her to do their field sobriety tests, which she did. Fortunately for our client, the tests in this case were captured on video tape. The officer wrote in his report that she failed all of the tests and proceeded to arrest her for DWI and then took her to the police department for more investigation. Like many who are arrested for DWI, she declined to take a breath test because she does not trust the breath test machine.
As stated before, fortunately the field exercises were on tape. After reviewing the tape with the prosecutor and explaining the entire situation to the prosecutor, he agreed the case needed to be dismissed.
If you or someone you know has been arrested for DWI, contact the Houston DWI Attorneys at Johnson, Johnson & Baer, P.C. to fight for you. Our Texas DWI lawyers have over 50 years of combined experience.
After stopping a Houston DWI suspect for a traffic infraction, police began a DWI investigation. The investigation included field sobriety tests and ultimately led to the arrest of the suspect for DWI - Driving While Intoxicated. After arresting the suspect for DWI, the officer reads the required statutory warning to the DWI suspect. The suspect then asks the officer if he is required to take the test. The officer responds that it is the law to take the test, leaving the Houston DWI suspect with the erroneous perception that he is required to take the breath test. When we brought this issue to the prosecutor's attention, fortunately, the district attorney handling the case agreed that the interchange was coercive and dismissed the Houston DWI case. If you need to speak to a Houston DWI Lawyer, call the Houston DWI attorneys of Johnson, Johnson & Baer, P. C. at 713-222-0400.
A common question that we receive regularly is, "Can I get deferred probation on my DWI case?" The easy and simple answer is, NO. The more difficult question to answer is why and does it make any sense? Would it surprise you to know that DWI is the only crime in Texas that you are not eligible for deferred probation as a first offender? That's right. You can get deferred probation for murder, rape of a child, or any other offense in Texas, but not DWI. I guess the Texas Legislature thinks a DWI is worse than any other crime? Or maybe MADD has the most powerful lobbying group in Texas? I'm guessing its the latter - MADD has an incredible amount of power with Texas DWI legislation. 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.
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.
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.
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.
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.
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
When jurors were deadlocked after more than 8 hours of deliberations, a Harris County prosecutor decided to dismiss the Universtiy of Houston executive's DWI case. Dane Johnson, a Houston DWI Lawyer, handled the case.
The executive was pulled over in downtown Houston for driving the wrong way on a one way street. Houston's DWI task force officers had client perform field sobriety tests and the officers determined that the UH executive was intoxicated and arrested her. They transported her the the police station where she refused to provide a breath sample.
Bothe officers testified that in their opinion, client was intoxicate. The jury deliberated for over 8 hours and could not come to a unanimous decision. The Judge then declared a mistrial. Prosecutors had the choice to try the case again or dismiss the case and they decided to dismiss the DWI.
Dane Johnson is a Houston DWI Attorney and can be reached at 713-222-0400.
DPS Trooper pulled client over for speeding and smelled alcohol. Trooper then asked client to exit his vehicle and perform some police exercises. After these tests, the DPS trooper arrested client for driving while intoxicated - DWI. Client then refused to take a breath test. Trooper obtained a search warrant to draw blood and forcibly took client's blood. The results of the blood test showed an alcohol level of .12 - over 1 1/2 the legal limit.
We filed a motion to suppress the blood results based on the trooper's inaccuaracies in the search warrant affidavit. Fortunately, the Trooper's video camera told a very different story than the Trooper's offense report and search warrant affidavit.
After the case was set for a motion to suppress the blood test evidence, the trooper did not show up to court on two consecutive settings and the government was forced to dismiss the case.
Alan Baer is a Houston DWI Attorney that represents citizens in and around Houston, Harris County, Texas. If you need to speak to a Houston DWI Lawyer, call Alan Baer at 713-222-0400.