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Montgomery County, Texas Breath Test DWI Trial - Dismissed After Jury Selection
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.
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.
Client was pulled over for a traffic offense in Houston. The officer then called a Houston DWI task force officer to the scene to perform field sobriety tests. Client very respectfully declined to perform any of the officers tests and was arrested for DWI / drunk driving.
The DWI task force officer then transported client to the police station and asked him to take a breath test. As he as every right to do, client refused the breath test.
After setting the case for trial and announcing ready for trial on the trial date, the prosecutor handling the case decided to dismiss the Houston DWI case rather than risk another loss at trial.
Alan Baer is a Houston DWI lawyer and handles cases across the Texas. If you have been arrested for a Texas DWI, call Houston DWI attorney Alan Baer at 713-222-0400.
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.
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.
An arrest for DWI can lead to a mandatory blood draw by police. However, the police have always needed a search warrant to draw blood involuntarily in a Texas DWI case until now. The Legislature is now going to let the police take your blood without a warrant and without your consent in the following cases:
- If there is bodily injury by anyone other than the DWI suspect;
- If the person arrested for DWI has a child in the vehicle under 15 years of age;
- If the suspect has 2 or more DWI convictions in the past; or
- If the suspect has prviously been convicted of Intoxication Manslaughter or Intoxication Assault.
As a Houston DWI Lawyer, I think it is a shame to allow the police to bypass the warrant requirement and allow the police to forcibly draw your blood. Most of the Houston DWI Attorneys I know feel that these new laws invade on our Constitutional rights to remain free from unreasonable searches and seizures.
Dane Johnson
Board Certified - Criminal Law
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.