Sample Victories

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-21T08:03:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. Her LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-21T07:09:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T17:46:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because the officer observed the vehicle jerking left and right.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 3 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test the Officer reported that my client swayed, hopped, and used his arms for balance.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T17:41:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he came in contact with my client because he had been involved in a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery and glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test the Officer reported that my client swayed and put a foot down.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:33:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by a Trooper of the Texas Department of Public Safety. The Trooper stated that he stopped my client because he observed my client driving without headlamps at night where required.

The Trooper reported that my client had a strong odor of alcohol coming from his breath, had bloodshot eyes, and had urinated on himself..

My client REFUSED A BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test The Trooper reported that my client swayed, used arms for balance and put his foot down three times.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Troopers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:30:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because he was traveling 87 mph in a posted 60 mph roadway.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .112 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 1 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction. On the One Leg Stand test The Officer reported that my client swayed.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:23:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stated that he approached my client as my client was changing a tire. My client stated to the Officer that he was driving and struck something in the roadway. The Officer reported that there had been a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was swaying.

My client PROVIDED A BREATH SAMPLE of .140 and .146. My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction, failed to touch heal to toe, took wrong # of steps and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:00:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was swaying.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction, failed to touch heal to toe, took wring # of steps and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times. The Romberg Balance Test (Also known as the Head Tilt or Modified Attention) was given. The Officer reported that my client exhibited 1-2 inch sway from front to back.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T15:16:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer of the Austin Police Department. The Officer stated that he stopped my client because he appeared to be sleeping and sat through several changes of a traffic light.

My client REFUSED TO PROVIDE A BREATH TEST. The Officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used arms for balance, and put his foot down on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Officers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-03-08T17:20:00.000-08:00

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper stated that he stooped my client because he failed to signal a lane change which nearly caused a collision with another vehicle.

My client REFUSED TO PROVIDE A BREATH TEST. The Trooper reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Trooper said that my client swayed and put his foot down numerous times on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the Troopers involved to justify our client's arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

DWI Dismissed

2006-03-08T17:09:00.000-08:00

My client was arrested for DWI in Austin, Texas by an Officer with the Austin Police Department. The Officer reported that my client was stopped because the Officer pulled along the side of my client’s car and noticed an open container in his lap.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were blood shot and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost his balance during instruction, began before being instructed to start, and used his arms for balance on the Walk & Turn test. The officer said that my client exhibited 1 clue of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

DWI Dismissed

2006-03-02T17:44:00.000-08:00

My client was arrested for a DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he had a defective tail light.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were bloodshot. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 2 clues of intoxication on the Walk & Turn test. The officer said that my client used his arms for balance and put his foot down on the One Leg Stand test. It should be noted that my client also had high blood pressure, because we convinced the prosecutor that it was the high blood pressure that caused him to have balance problems, not the alcohol that he drank.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:34:00.000-08:00

My client was arrested for his SECOND DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he failed to turn on his headlights.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 4 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance, hopped and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:28:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding 60 miles per hour in a 45 mile per hour speed zone.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 1 clue of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:13:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the University of Texas Police Department. The officer reported that my client was stopped because he had a headlight out.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 4 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI Offense with a small fine.

DWI Dismissed

2006-02-21T09:02:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because she was speeding. The officer reported that she was going 51 in a 34 mile per hour zone.

My client REFUSED THE BREATH TEST, but she did the Standardized Field Sobriety Tests (SFSTs). She stated that she didn’t know she could refuse them.

The officer reported that my client had a strong odor of alcohol coming from her breath and her eyes were bloodshot. The officer said my client spoke with slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost her balance during instruction, began before being instructed, failed to touch heel to toe, stepped off the line, and used her arms for balance on the Walk & Turn test. The officer said that my client exhibited 32clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that, with a few exceptions, we will be able to “Seal” the entire incident from future employers. This win was especially nice since there were immigration issued involved.

DWI Dismissed

2006-02-21T08:47:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he went straight in a left turn only lane.

My client REFUSED THE BREATH TEST AND REFUSED THE STANDARDIZED FIELD SOBRIETY TESTS (SFSTs). (This was not his first arrest for DWI)

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were glassy. The officer said my client admitted to have been at “a bunch of clubs on 6th Street.”

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that we will be able to “Seal” the entire incident from nealry all future employers.

DWI Dismissed

2006-01-13T17:38:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding, 46/35.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 3 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, hopped, and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-01-13T17:28:00.000-08:00

My client was arrested for DWI in Round Rock, Williamson County, Texas by an officer with the Round Rock Police Department. The officer reported that my client was stopped because she was weaving and striking concrete barriers as she drove down the highway.

My client SUBMITTED TO A BLOOD TEST, which came back positive for Cocaine and Xanax.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a NON-DWI Offense. This will allow my client to have the DWI erased from her record, and deny that she was ever arrested for DWI.

Driving While Intoxicated - DL Hearing DISMISSED

2006-01-13T17:16:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for driving too fast and for playing his car stereo too loud.

My client REFUSED TO PROVIDE A BREATH TEST. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot glassy eyes. The officer also stated that my client spoke with slurred speech.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance, swayed, and put his foot down on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license.

We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-01-13T17:07:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for speeding, 58/45.

My client PROVIDED A BLOOD TEST. My client didn’t know he could refuse the test. The officer reported that my client had an odor of alcohol coming from his breath and had trouble walking.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

DWI Dismissed

2005-12-18T12:30:00.000-08:00

My client was arrested for DWI in Manor, Texas by an officer with the Manor Police Department. The officer reported that she stopped my client because he had a license plate light not functioning.

My client REFUSED TO PROVIDE A BREATH TEST. (It was not my client’s first arrest for DWI) The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 2 clues of intoxication on the Walk & Turn test. The officer said that my client swayed and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense. This will allow us to have the DWI completely erased from his record.

DWI Dismissed

2005-12-18T12:24:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that he came into contact with my client because he was involved in a collision.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .098 and .096.

My client also did the Standardized Field Sobriety Tests (SFSTs). The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 3 clues of intoxication on the Walk & Turn test. The officer said that my client put his foot down on the One Leg Stand test.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-18T12:08:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client because he said that my client fit the description of someone reported as causing a disturbance.

My client REFUSED TO PROVIDE A BREATH TEST. It wasn’t his first arrest for DWI. The Officer stated that my client had a strong odor of alcohol on his breath and had bloodshot, glassy and watery eyes. He also stated that my client spoke with slurred speech.

My client did the Standardized Field Sobriety Tests (SFSTs). He stated that he didn’t know he could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client refused to perform the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-18T11:59:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he found my client passed out behind the wheel of his car.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .189 and .194.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 9 times on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license. We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.