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Houston, Texas - On the eve of trial, Harris County prosecutors decide to dismiss Houston DWI case involving the drug Ambien.


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.



Friday, February 26, 2010 Filed underCategories:in  DWI/DUI  |  Permalink  |  Comments (0)
Houston, Texas - Harris County prosecutors disagreed with Houston Police Department officer's evaluation of DWI field sobriety tests.


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.



Monday, February 08, 2010 Filed underCategories:in  Houston, Texas DWI  |  Permalink  |  Comments (0)
Houston, Texas - After battling his case for almost a year, a Houston man is finally cleared after the Harris County District Attorney's office dismisses his DWI case on the day of trial.


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.



Monday, January 25, 2010 Filed underCategories:in  Houston, Texas DWI  |  Permalink  |  Comments (0)
Houston, Texas - Police officers respond to a 911 call of a driver that is either drunk or on the telephone. The case is ultimately dismissed because there are no articulable reasons for the stop.


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.



Friday, January 22, 2010 Filed underCategories:in  Houston, Texas DWI  |  Permalink  |  Comments (0)
Houston, Texas - Prosecutors dismissed a Harris County DWI 2nd Breath Test case after concluding that they were unable to go forward on the case.


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.

Tuesday, January 19, 2010 Filed underCategories:in  DWI/DUI  |  Houston, Texas DWI  |  Texas DWI  |  Permalink  |  Comments (0)
Houston, Texas - A Houston man's DWI was dismissed today after prosecutors determined there was not enough evidence to go forward on the DWI.


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

Friday, January 15, 2010 Filed underCategories:in  Drunk Driving  |  Permalink  |  Comments (0)
Houston, Texas - A Harris County Judge granted defendant's motion to suppress and the district attorney's office dismissed the DWI case.


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.



Monday, December 21, 2009 Filed underCategories:in  Houston, Texas DWI  |  Permalink  |  Comments (0)
Houston, Texas - A Houston DWI case was dismissed for insufficient evidence.


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. 



Wednesday, December 09, 2009  |  Permalink  |  Comments (0)
Conroe, Texas - A Montgomery County felony DWI was dismissed today after the arresting officer was indicted for falsifying an offense report.


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.



Tuesday, November 24, 2009 Filed underCategories:in  DWI/DUI  |  Permalink  |  Comments (0)
Houston, Texas - Prosecutors were forced to dismiss a Houston DWI case after it was shown that the breath test warnings were not properly given to defendant.


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.



Tuesday, November 03, 2009 Filed underCategories:in  DWI/DUI  |  Permalink  |  Comments (0)