Category: DUI/DWI

  • Schadenfreude, Irony, and The Defense Function [Update: Photo Added]

    Prosecutors Lester Blizzard and Kayla Allen, however, asked Ellisor for life sentences to send a message to anyone who would drive while intoxicated. (KHOU.) Howard is an unsympathetic character. Because he is an unsympathetic character, it’s easy to send him to prison for life. Blizzard and Allen were arguing for general deterrence: “send a message.” […]

  • Another Bad DWI Idea in Austin

    A backlog of thousands of Texas court cases. Drunken drivers convicted on lesser charges. Repeat DWI offenders who don’t have a record of a related conviction or treatment. Those are some examples of what’s bringing together a new coalition that includes Mothers Against Drunk Driving, prosecutors and defense attorneys who support a widespread change in […]

  • Accidental DIVERT Coercion

    Houston criminal-defense lawyers Herman Martinez and Dane Johnson report separately on the state of the Harris County DA’s DWI DIVERT program. Here’s Herman: This week the HCDAO decided that a defendant needs to decide if they want to be considered for the DIVERT program by their second court setting.  This is patently unfair and lends itself […]

  • Losing Sucks

    I’ve said before that I would choose a lawyer who sometimes loses over one who always wins. But today I was reminded how much losing a criminal trial sucks. The case: a “DWI-first no test no accident” in the argot. That is, a driving while intoxicated case, which was my client’s first, and in which […]

  • Harris County DUI/DWI DIVERT Agreement

    None of my DWI clients have yet accepted the Harris County DA’s “DIVERT” program, but I had one client who was considering it, so I acquired a copy of the standard DIVERT agreement. After reading the agreement, she decided to go to trial. Maybe having a copy of the agreement will help someone else trying […]

  • Getting Out of DIVERT?

    Back in July, before the Harris County DA’s DWI DIVERT program went into effect, I noted: There will be lots of high-volume lawyers who see this as the best thing since deferred adjudication for resolving cases without actually, y’know, trying, but I don’t see myself encouraging clients to sign it unless the State has them […]

  • Specialty Blog: Houston DWI

    It’s not a blog of general interest, but if you’re interested in DWI law in Houston, read lawyer Dane Johnson’s Houston DWI Law Blog (a LexBlog Joint). Dane has been doing great work this week, writing successively about Houston DWI cops’ blood draw training,  the falsifiability of HGN results, and the coerciveness of the Harris […]

  • Tyler Flood Postscript

    Houston DWI lawyer Tyler Flood made an irresistible target of  himself by running his mouth to the Houston Press, and I was unable to resist. Whoever writes blog posts under his name at his blog managed (inadvertently, I hope) to string Christmas lights around the target by comparing him to Andy Nolen and accusing me […]

  • Tyler Flood: The Drunk Driver’s Lawyer?

    Houston DWI lawyer Tyler Flood on DWI cases, from the Houston Press article (yes, it’s like crack): “Listen, most of the people we get off are intoxicated. But that’s the justice system,” he says. “I’ve always thought people would be very concerned if they knew what we were doing.” Tyler: You know that you’re talking […]

  • I’m Not Sure What to Think About . . .

    . . . Houston criminal-defense lawyer Cole Brooks’s new blog. I’m glad to see another Houston criminal-defense lawyer jump into the practical blawgosphere (even if he isn’t a member of HCCLA . . . hint, hint), and Cole’s blog isn’t blatant “I’m great! hire me!” marketing, but so far it’s heavy on explications of Texas […]