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Houston DWI Case Dismissed on Day of Trial
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
According to a DWI Texas State Trooper, Jordan Lewis' client was stopped for urinating on the side of his vehicle while stopped waiting for a train to pass. The officer then testified that client failed all field sobriety tests and the Texas Trooper arrested our client for drunk driving / DWI. Client refused to take the breathalyzer because he had always heard they were unreliable and not accurate. Our client maintained his innocence claim from the day we met him.
Unfortunately for him, he got stuck at a railroad crossing that he did not anticipate. After waiting some time and realizing the train was going nowhere quickly, he did what he believed was reasonable - opened the car door, faced the car door and urinated. Ironically, after the trooper arrested our client, he himself urinated on the side of the road (shows you how long the train was there.)
Client questioned the officer repeatedly about why he was being arrested for DWI with no response from the officer. Fortunately, the jury realized that client was not intoxicated and found client "Not Guilty" in just 45 short minutes. Congrats to Jordan Lewis for fighting the government and prevailing.
Dane Johnson is a Houston DWI Lawyer that devotes his practice to defending citizens accused of DWI / DUI and all other alcohol related matters. Contact Houston DWI Attorney Dane Johnson at 713-222-0400.
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 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