Author: Martinez Law Firm

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

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DWI DEFENSE ATTORNEY

DWI Field Sobriety Myths

DWI field sobriety test - herman martinez criminal defense lawyer

There are many DWI field sobriety myths surrounding how these tests are to be performed, and what it takes to pass them. As a Houston DWI lawyer, I review DWI field sobriety tests daily. It troubles me how police officers score these tests, and how they lack the necessary detail in their reports. By routinely doing this, it illustrates their lack of knowledge of the DWI tests and their zeal for a DWI arrest.

The officers mislead the prosecutors by omitting crucial information and subscribing to the field sobriety myths that have developed over the years. For example, officers routinely state that a person uses their arm for balance when performing the DWI field sobriety tests and indicate that as a clue. However, a person is allowed to use their arms for balance so long as it not more than six inches away from their side.

In fact, during the instruction phase of the walk and turn test a person
is allowed to use their arms for balance so long as they maintain the
start position. Another myth is that a person must touch heel to toe when
performing the walk and turn tests. This is incorrect a person is allowed
a half an inch between their heel and toe when performing this portion
of the test. Most officers do not realize this despite it being in their
manual for DWI detection. With the help of an experienced
DWI Attorney you should be able to sort through DWI field sobriety myths and uncover the officer’s lack of knowledge of the field sobriety tests.

 

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

A Happy Ending After Client Rejects DIVERT

A lot has been said about the Houston, Harris County, Texas DWI DIVERT
program since it was started earlier this year. I see both sides of the
debate. It can be a positive for those that are clearly intoxicated and
want to maintain a “clear record.” On the other hand, it may
unfairly sway the person that has a case that could be won in a jury trial
from proceeding to trial when the DIVERT carrot is placed in front of
them. Moreover, the prosecutors are less likely to dismiss the DWI case
because they have the program at their disposal. Therefore, it takes a
self confident person to reject the DIVERT offer and proceed to trial.

Today, I had my first trial of a client that declined to enter into a DIVERT
contract with the Harris County District Attorney’s Office. The facts
could have gone either way based on the offense report and the video.
Nevertheless, as any
DWI trial attorney will tell you, what is written in an offense report can change dramtically
once an officer gets into the witness stand before a jury. Lets just say
this, after the arresting officer, the state’s first witness finished
testifying the prosecutor decided to dismiss the case. I can say without
a doubt in my mind that the prosecutor did the right thing. Thus, my client
avoided entering into the rigid DIVERT program. Despite it’s name
it is still like probation and in some instances even more difficult.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Attorney Martinez KPFT Radio Interview

Since I am a Houston Criminal Defense Lawyer I know how the court appointed system works in Houston, Texas. Today, I will be discussing the various issues regarding the proposed Harris County Public Defenders Office at the KPFT studios. My aim is to enlighten listeners to the current system of how attorneys are selected in Harris County, Texas. It seems that the public is misinformed how the court appointed system works in our county.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

A Misguided Designated Driver Decision

When people know that they are going out drinking it is always a good idea
to have a designated driver that is not going to drink. When a designated
driver is not available a person should opt for a cab in order to avoid
a DWI arrest.

A
California couple trying to avoid a subsequent DWI arrest or conviction used the wrong designated
driver…a 13 year old boy! The boy was able to drive for a while until
“he was freaked out” and stopped in the middle of a street.
Amazingly, there was not an accident, nor was anyone hurt. The couple
will avoid a DWI conviction, but the woman was charged
with the misdemeanor counts of child endangerment and contributing to the
delinquency of a minor. In Texas the charge of child endangerment is a
felony which is much more serious than a misdemeanor.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

Are You Eligible to Get Your Houston DWI Case Dismissed?

Getting a DWI dismissed in Texas is difficult but not impossible.  Deetrice Wallace, a Department of Public Safety contractor who faked inspections of alcohol breath testing devices was convicted and sentenced to one year in the State Jail for Tampering with a Government Record. The door is now open for anyone that was affected by her malfeasance to seek a review of their case and quite possibly have their charges dismissed even if they have previously been found guilty. The Harris County District Attorney’s Office is stating that over 1,200 cases will be revisited.

Furthermore, they admit that most of those cases are gone including Felony DWI cases. Also, on a person’s side is that it is likely that the videotape of the DWI arrest has been destroyed since they are routinely destroyed a short time after all court proceedings are concluded. This may be the first time that taking a breath alcohol test ends up with a DWI case in Houston, Harris County, Texas being dismissed. The Harris County District Attorney’s Office is set to start contacting the defendants that may be eligible to request a new trial in the near future.

Exceptional Insight Into The Judicial System

FORMER CHIEF PROSECUTOR

Have You Been Arrested For A Criminal Offense?

LEARN WHAT'S NEXT

Our Legal Team Can Fight Your DWI Charges

DWI DEFENSE ATTORNEY

A DWI Client Shares Their Experience

One of my clients, that had a DWI arrest dismissed, cleared from their record had the experience published. I was given permission to post it here. Despite getting the case dismissed the urge still existed to inform the public about what it is like to be arrested for DWI in Houston, Texas.

One Sunday evening, I joined 98,000 other Texans who share a similar plight. I was arrested for DWI.

I was at a party hanging around, eating and drinking.. It was that last Shiner Bock that wrecked my life. The drive home wasn’t far, but somewhere along the way a police officer got behind me and thought I wasn’t driving “quite right”- not staying completely in my lane. He pulled me over and asked the usual questions about insurance, and he asked if I had been drinking that night. I was surprised by that question. Why would he ask that? I was driving fine. I knew that I wasn’t drunk. For some reason, the cop thought I might be. The next thing I know he has me out of my car and I am doing some tests. Incredibly to me, I am being arrested. My car is being towed, I am not given a receipt, or where it would be towed. I had to beg to be allowed to get my purse before it was towed. Suddenly, this was all starting to feel quite surreal. I cannot describe the feelings of humiliation and confused and despair as I sank into the bank seat of that dark police car, my hands locked in metal cuffs behind my back, totally alone, not having a clue what was to happen. How could this be happening to me?

Arrested? Going to Jail? Me? How could this be happening to me? I am an upstanding citizen. I am a good person. I own a home, a car, I have a college degree and a good job, I go to Church, I walk my dog, once I hammer nails for Habitat for Humanity. Doesn’t the cop see the 100 Club sticker on my rear window? How could this be happening to me?

I will share more in the future…