Dear Mr. B:
We have never met, but I have been a client of your Newport Beach Office twice. Both times Jason E. Trumpler was my counsel. The first time my case was completely dismissed due Jason’s style, finesse, and expertise.
The second time, I was not so fortunate; I was convicted. However, the terms and conditions of my conviction were far better than I expected and far better than the DA planned on agreeing to. Jason was able to speak with the judge and reason on my behalf in a convincing manner.
The situation has caused much strain on my family. I plan on never needing your services again, I have learned my lesson. However, if someone I know is in a similar situation, I will send them straight to Jason, even if I have to drive them myself.
Thank you and your staff for the hard work done on my behalf.
Sincerely,
R.A.
A blog from the Law Offices of Jason Trumpler, P.C. regarding criminal defense in the State of Texas. We represent people charged criminally throughout Central Texas. Our office is located at 5750 Balcones Drive, Suite 207, Austin, Texas 78731. Most of our cases come from Travis, Williamson, Bell, Hays, Burnet, Bastrop, Caldwell, Comal, and Lee counties.
Friday, March 30, 2007
Wednesday, March 28, 2007
Client Letter
Jason,
I finally have a moment to sit down and put into words my heartfelt appreciation for your assistance in my recent acquittal. Your composure and low key manner offered me a degree of comfort that I most desperately needed. As you know, I was facing my second DUI and a conviction would have been devastating for my personal as well as business life. I attribute your knowledge of the law, your ability to compellingly and in an understandable way convey the facts to the jury as the primary reason for my acquittal. It certainly helped that I had a .07 blood alcohol reading but as you well know; without a capable lawyer a defendant does not stand a chance in our system of justice. There is no such thing as "innocent until proven guilty" anymore especially in DUI cases.
I would also like to add that I appreciate the fact that at no time did you give me any false sense of hope. You were straightforward and honest in your assessment of the case though I have a sneaking suspicion you knew all along we would win. Your personal sense of reserve is to be congratulated.
Trust me when I say, "I have truly learned my lesson this time." I could have paid for a lot of cab rides for what I paid you but you were worth every dime. It's too bad you are barred from taking me up on my proposition - double or nothing - you could have doubled your fee and it still would have been worth it. I was on an emotional high for over a week. I feel like my life is starting over again. I have my yearly motorcycle trip now planned and I am leaving on July 24, 2006 for Montana and the Dakotas. I'll try to remember to send you a postcard from Sturgis, S. Dakota. I wouldn't have been able to go if it weren't for your legal acumen.
In closing, let me say again, THANK YOU Jason! One thing kind of bothers me though and that is: how much better would you have been had you not been afflicted with that nasty cold. I think you being sick gave the prosecution a slight advantage they didn't deserve. Et tu Brutus - you pulled it off anyway.
You're a stud my man! And I owe you!
Thanks again,
W. H.
I finally have a moment to sit down and put into words my heartfelt appreciation for your assistance in my recent acquittal. Your composure and low key manner offered me a degree of comfort that I most desperately needed. As you know, I was facing my second DUI and a conviction would have been devastating for my personal as well as business life. I attribute your knowledge of the law, your ability to compellingly and in an understandable way convey the facts to the jury as the primary reason for my acquittal. It certainly helped that I had a .07 blood alcohol reading but as you well know; without a capable lawyer a defendant does not stand a chance in our system of justice. There is no such thing as "innocent until proven guilty" anymore especially in DUI cases.
I would also like to add that I appreciate the fact that at no time did you give me any false sense of hope. You were straightforward and honest in your assessment of the case though I have a sneaking suspicion you knew all along we would win. Your personal sense of reserve is to be congratulated.
Trust me when I say, "I have truly learned my lesson this time." I could have paid for a lot of cab rides for what I paid you but you were worth every dime. It's too bad you are barred from taking me up on my proposition - double or nothing - you could have doubled your fee and it still would have been worth it. I was on an emotional high for over a week. I feel like my life is starting over again. I have my yearly motorcycle trip now planned and I am leaving on July 24, 2006 for Montana and the Dakotas. I'll try to remember to send you a postcard from Sturgis, S. Dakota. I wouldn't have been able to go if it weren't for your legal acumen.
In closing, let me say again, THANK YOU Jason! One thing kind of bothers me though and that is: how much better would you have been had you not been afflicted with that nasty cold. I think you being sick gave the prosecution a slight advantage they didn't deserve. Et tu Brutus - you pulled it off anyway.
You're a stud my man! And I owe you!
Thanks again,
W. H.
Tuesday, March 27, 2007
Q: The police never gave me my Miranda rights, is this grounds for dismissal of the charges?
Q: The police never gave me my Miranda rights, is this grounds for dismissal of the charges?
A: No, but it may provide a legal basis for your attorney to file a motion to suppress any statement you might have made while in custody.
Most of my clients erroneously think that police have to read them Miranda rights upon arrest. This is probably because in every cop and lawyer show police always read Miranda rights before arrest. The truth is police are only required to read Miranda rights when interrogating or questioning a citizen that is in custody.
Before questioning or interrogating a citizen that is “in custody,” the police are required to advise him of his rights. If the police question a citizen that they have arrested or detained without first giving that person the Miranda warnings, the defense lawyer should file a motion to suppress any statement given by the suspect. If the suspect gave no statement, there really is no available remedy.
A: No, but it may provide a legal basis for your attorney to file a motion to suppress any statement you might have made while in custody.
Most of my clients erroneously think that police have to read them Miranda rights upon arrest. This is probably because in every cop and lawyer show police always read Miranda rights before arrest. The truth is police are only required to read Miranda rights when interrogating or questioning a citizen that is in custody.
Before questioning or interrogating a citizen that is “in custody,” the police are required to advise him of his rights. If the police question a citizen that they have arrested or detained without first giving that person the Miranda warnings, the defense lawyer should file a motion to suppress any statement given by the suspect. If the suspect gave no statement, there really is no available remedy.
Thursday, March 22, 2007
Austin Police Department's DWI Policy
B105 DWI Enforcement
The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their actual duty status or primary assignment. This policy establishes guidelines for the detection, arrest, and processing of drivers who are suspected of operating a motor vehicle while intoxicated. It also provides guidelines for the implementation of the Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.
.01 Definitions
A. Administrative License Revocation: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.
B. DRE: a drug recognition evaluation or a drug recognition expert.
C. Drug Recognition Evaluation: the process the drug recognition expert uses to evaluate a suspect for the use of drugs by means of physical, clinical and psychological criteria.
D. Drug Recognition Expert (DRE): personnel trained to predict which of the seven (7) drug categories is causing the impairment of a driver that is not under the influence of alcohol.
E. Intoxicated: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having a blood alcohol concentration of 0.08 or more.
.02 Reason for Stop
Officers may stop a vehicle because of:
A. Observation of a traffic violation;
B. Reasonable suspicion based on information provided by credible witnesses;
C. Reasonable suspicion which can be articulated.
.03 Development of Probable Cause
Officers who stop a vehicle whose driver exhibits characteristics of intoxication may contact a DWI Enforcement Unit.
A. If a DWI Enforcement Unit is available to respond, the officer should not perform any field sobriety test on the driver.
B. If a DWI Enforcement Unit is not available to respond, the officer will conduct the field interview, administer field sobriety tests, and arrest the driver if found to be intoxicated.
1. Field interviews
a. The driver should be interviewed to determine if characteristics of intoxication are exhibited. These characteristics include but are not limited to:
(i) An odor of alcoholic beverage on the breath;
(ii) Bloodshot or glassy eyes;
(iii) Impaired speech;
(iv) Impaired movement or balance.
b. Interview questions can be but are not limited to:
(i) Originating location;
(ii) Destination;
(iii) Illness, injury or medication which might cause the same apparent characteristics as intoxication;
(iv) Alcohol consumption.
2. Standard Field Sobriety Test (SFST)
a. If the officer is trained and certified in their administration, he/she will conduct the following standard field sobriety tests:
(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.
b. Officers are not limited to using the SFST when:
(i) The officer has not been trained or certified in its use;
(ii) Physical limitations of the driver preclude its use;
(iii) The safety of the officer and/or driver may be compromised;
(iv) The tests are impractical for some other articulable reason.
.04 Arrest and Testing Procedures
A. If the combined observations from the stop, the field interview, and the field sobriety tests indicate that the driver is mentally or physically impaired from alcohol or drugs, officers should make an arrest and transport the driver to Central Booking. If the driver is arrested in Austin Williamson County, transport the driver to the Williamson County Jail.
B. In those units equipped with in-car camera for which the officer has been trained:
1. The camera may be positioned in such a way as to record:
a. The field interview and field sobriety tests;
b. Administration of the DWI Statutory Warning (DIC-24), and the driver’s responses;
c. The actions and statements of the arrested driver during transport.
2. Officers will turn the video tape in as evidence according to Department policy.
C. If the driver has consented to give a sample of his/her breath or blood, the following will be done:
1. Breath Test
a. Take the driver to the Intoxilyzer testing room.
(i) Officers will not take any weapons into the Intoxilyzer room or video room.
(ii) Officers will not use force to compel the driver to take any tests.
b. Read to the driver the DWI Statutory Warning (DIC-24). If the driver was operating a commercial vehicle and has a commercial license, the DIC-55 (Peace Officer Statutory Warning for Commercial Motor Vehicle Operators), DIC-54 (Peace Officer's Sworn Report), and DIC-57 (Notice of Disqualification) must be used.
c. If the driver is a Spanish-speaker only, the tape-recorded Spanish language version of the Statutory Warning will be played.
d. The breath test will be administered by a trained and certified Intoxilyzer Operator (IO).
e. If the breath test indicates the driver was at or above the legal limit he/she will be booked into jail.
(i) The arresting officer will complete the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Permit for Commerical Vehicle Operator.)
(ii) The driver’s license of the motor vehicle operator will be seized by the arresting officer.
(iii) A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
(iv) No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
(v) A copy of the Temporary Driving Permit and the seized driver license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.
(vi) The arresting officer will not confiscate the driver’s license of an individual who is operating a commercial motor vehicle and provides a specimen with an alcohol concentration between 0.001 and 0.079. A Notice of Disqualification (DIC 57) should be served.
f. If the driver exhibits symptoms of intoxication, but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment displayed, the driver may be asked to consent to a drug recognition evaluation.
(i) If the driver consents, the evaluation will be administered only by a trained and certified drug recognition expert. Based on the outcome of the DRE, the driver will either be booked into jail or released.
(ii) If the driver does not consent to a DRE and was not taped by an in-car video, he/she must be video taped and a blood specimen requested. Upon completion of the video taping, the driver will be booked into jail.
2. Blood Test
a. If the driver refuses a breath test and wants a blood test, take the driver to the jail nurse’s office where supplies of blood tubes are available.
(i) In those cases where the driver has been injured in a collision and transported to a hospital, the blood test may be administered by medical personnel at that location. (Supplies of the blood tubes are kept at the security office at Brackenridge Hospital).
(ii) Blood may be forcibly taken only from persons who have been involved in a fatality/near fatality, and only at the direction of a traffic investigator.
(iii) In those cases where the suspect is arrested in Austin Williamson County, officers will transport the suspect to the Georgetown Hospital E.R. for the blood test.
b. If the driver refuses a blood test and was not taped by an in-car video, he/she must be video taped. Upon completion of the video taping, the driver will be booked into jail.
c. In cases where blood results are pending, the arresting officer should not issue a Notice of Suspension/Disqualification (DIC 25/DIC 57) or seize the driver’s license.
3. Video Taping
a. If the field interview and field sobriety tests were video taped by means of an in-car video system, and during that taping the driver refused to give a breath or blood sample, it is not necessary to video tape the driver again.
b. If the driver refuses both breath and blood tests, and they were not taped by an in-car video, the officer will video tape the driver at Central Booking or Williamson County Jail.
c. The following steps and procedures will be followed in the video room:(i) Attorneys for drivers will not be allowed in the video room.
(ii) After entering the video room, make reasonable attempts to keep the driver within the viewing area of the camera.
(iii) If the driver is not cooperative, and refuses to stand up in the video room, do not force the driver to stand.
(iv) The officer will go through all appropriate steps listed in the video room, even if the driver does not wish to perform any of the requested tasks.
(v) If the driver wishes to make a local telephone call, he/she will be allowed to make calls only from the telephone in the video room. If the driver wishes to make a long distance telephone call, he/she will be allowed to do so after being booked into jail.
(vi) The officer will read, sign, and deliver a copy of the DWI Statutory Warning (DIC-24) to the driver during the video tape session.
(vii) The driver will then be booked into jail.
D. Breath and Blood Test Refusal
1. If the motor vehicle operator does not consent to give a sample of their breath or blood, the following will be done:
a. The arresting officer will complete either the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Driving Permit for Commerical Vehicle Operator.)
b. The driver’s license of the motor vehicle operator will be seized by the arresting officer.
c. A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
d. No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
e. A copy of the Temporary Driving Permit and the seized driver’s license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.
.05 Driving Under Influence (DUI Minor-Alcohol)
A. Officers who stop a vehicle and determine that the driver:
1. Is under age 21; and
2. Has an odor of alcohol on his/her breath;
3. But displays no characteristics of intoxication,
Will either:
1. Arrest the driver for DUI Minor-Alcohol, or
2. Issue a field release citation for DUI Minor-Alcohol and turn the driver over to a responsible adult.
B. If field interview and field sobriety tests indicate that the driver is impaired, he/she may be arrested, and testing procedures as set out in section .04 of this policy apply.
1. The Family Code, Title 3, Chapter 52, Section 52.02 (d) states that a child taken into custody for DUI may submit to the taking of a breath specimen without the concurrence of an attorney, but only if the request made of the child to give the specimen and the child’s response to that request is video taped. In accordance with this statute officers will:
a. Videotape the administration of the DIC-24 statutory warning to all juveniles arrested for DUI prior to administering the intoxilyzer test or obtaining a blood sample.
b. The videotape will be maintained in accordance with departmental evidence handling policy.
2. The driver’s license will be seized if the Breathalyzer establishes any detectable amount of alcohol. A Temporary Driving Permit will be issued if the guidelines established in section .04 are met.
.06 Filing and Reporting Procedures
A. Complete and turn in all incident reports/supplements and other associated documentation.
1. Officers making an arrest for DWI will ensure that they have completed:
a. Incident report with correct title;
b. Completed ALR paperwork;
c. Intoxilizer result slip;
d. Collision field sheet (if applicable);
e. Evidence tag for blood sample (if taken);
f. Evidence tag for video tape (in-car or video room);
g. Probable cause affidavit;
h. Municipal Court cover sheet. (Williamson County Court cover sheet if applicable)
2. Officers stopping a driver who is subsequently arrested by a DWI Enforcement Unit need to complete:
a. Supplement to the incident report;
b. Collision field sheet (if applicable).
B. Officers making an arrest for DWI will turn over the appropriate paperwork to the Direct File Unit for review and approval. If arrested and booked into the Williamson County Jail, a copy of the ALR paperwork, the intoxilizer results slip, affidavit and report will be turned into the booking officer. If the suspect was involved in a collision and a ST-3 collision sheet was completed, a copy will also be attached. All original ALR paperwork and seized driver’s license will be stapled together and forwarded to the Traffic Office through inter-office mail. Appropriate arrest review and approval procedures addressed in Document B113 of the General Orders will be followed.
C. Video tapes and blood tubes will be handled in accordance with Department policy regarding the handling of evidence.
1. Videotapes will be turned in to the evidence room. If arrested in Austin Williamson County, the videotape will be turned into the video drop box at the Williamson County Jail.
2. Blood tubes will be placed in the appropriate drop box at Police Headquarters for processing by the APD Crime Lab.
The responsibility to remove intoxicated drivers from the roadway extends to all sworn members of the Department regardless of their actual duty status or primary assignment. This policy establishes guidelines for the detection, arrest, and processing of drivers who are suspected of operating a motor vehicle while intoxicated. It also provides guidelines for the implementation of the Texas Administrative License Revocation (ALR) Statute for intoxicated drivers who either refuse or fail a blood or breath test.
.01 Definitions
A. Administrative License Revocation: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.
B. DRE: a drug recognition evaluation or a drug recognition expert.
C. Drug Recognition Evaluation: the process the drug recognition expert uses to evaluate a suspect for the use of drugs by means of physical, clinical and psychological criteria.
D. Drug Recognition Expert (DRE): personnel trained to predict which of the seven (7) drug categories is causing the impairment of a driver that is not under the influence of alcohol.
E. Intoxicated: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having a blood alcohol concentration of 0.08 or more.
.02 Reason for Stop
Officers may stop a vehicle because of:
A. Observation of a traffic violation;
B. Reasonable suspicion based on information provided by credible witnesses;
C. Reasonable suspicion which can be articulated.
.03 Development of Probable Cause
Officers who stop a vehicle whose driver exhibits characteristics of intoxication may contact a DWI Enforcement Unit.
A. If a DWI Enforcement Unit is available to respond, the officer should not perform any field sobriety test on the driver.
B. If a DWI Enforcement Unit is not available to respond, the officer will conduct the field interview, administer field sobriety tests, and arrest the driver if found to be intoxicated.
1. Field interviews
a. The driver should be interviewed to determine if characteristics of intoxication are exhibited. These characteristics include but are not limited to:
(i) An odor of alcoholic beverage on the breath;
(ii) Bloodshot or glassy eyes;
(iii) Impaired speech;
(iv) Impaired movement or balance.
b. Interview questions can be but are not limited to:
(i) Originating location;
(ii) Destination;
(iii) Illness, injury or medication which might cause the same apparent characteristics as intoxication;
(iv) Alcohol consumption.
2. Standard Field Sobriety Test (SFST)
a. If the officer is trained and certified in their administration, he/she will conduct the following standard field sobriety tests:
(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.
b. Officers are not limited to using the SFST when:
(i) The officer has not been trained or certified in its use;
(ii) Physical limitations of the driver preclude its use;
(iii) The safety of the officer and/or driver may be compromised;
(iv) The tests are impractical for some other articulable reason.
.04 Arrest and Testing Procedures
A. If the combined observations from the stop, the field interview, and the field sobriety tests indicate that the driver is mentally or physically impaired from alcohol or drugs, officers should make an arrest and transport the driver to Central Booking. If the driver is arrested in Austin Williamson County, transport the driver to the Williamson County Jail.
B. In those units equipped with in-car camera for which the officer has been trained:
1. The camera may be positioned in such a way as to record:
a. The field interview and field sobriety tests;
b. Administration of the DWI Statutory Warning (DIC-24), and the driver’s responses;
c. The actions and statements of the arrested driver during transport.
2. Officers will turn the video tape in as evidence according to Department policy.
C. If the driver has consented to give a sample of his/her breath or blood, the following will be done:
1. Breath Test
a. Take the driver to the Intoxilyzer testing room.
(i) Officers will not take any weapons into the Intoxilyzer room or video room.
(ii) Officers will not use force to compel the driver to take any tests.
b. Read to the driver the DWI Statutory Warning (DIC-24). If the driver was operating a commercial vehicle and has a commercial license, the DIC-55 (Peace Officer Statutory Warning for Commercial Motor Vehicle Operators), DIC-54 (Peace Officer's Sworn Report), and DIC-57 (Notice of Disqualification) must be used.
c. If the driver is a Spanish-speaker only, the tape-recorded Spanish language version of the Statutory Warning will be played.
d. The breath test will be administered by a trained and certified Intoxilyzer Operator (IO).
e. If the breath test indicates the driver was at or above the legal limit he/she will be booked into jail.
(i) The arresting officer will complete the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Permit for Commerical Vehicle Operator.)
(ii) The driver’s license of the motor vehicle operator will be seized by the arresting officer.
(iii) A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
(iv) No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
(v) A copy of the Temporary Driving Permit and the seized driver license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.
(vi) The arresting officer will not confiscate the driver’s license of an individual who is operating a commercial motor vehicle and provides a specimen with an alcohol concentration between 0.001 and 0.079. A Notice of Disqualification (DIC 57) should be served.
f. If the driver exhibits symptoms of intoxication, but the breath test does not indicate a significant level of alcohol concentration consistent with the impairment displayed, the driver may be asked to consent to a drug recognition evaluation.
(i) If the driver consents, the evaluation will be administered only by a trained and certified drug recognition expert. Based on the outcome of the DRE, the driver will either be booked into jail or released.
(ii) If the driver does not consent to a DRE and was not taped by an in-car video, he/she must be video taped and a blood specimen requested. Upon completion of the video taping, the driver will be booked into jail.
2. Blood Test
a. If the driver refuses a breath test and wants a blood test, take the driver to the jail nurse’s office where supplies of blood tubes are available.
(i) In those cases where the driver has been injured in a collision and transported to a hospital, the blood test may be administered by medical personnel at that location. (Supplies of the blood tubes are kept at the security office at Brackenridge Hospital).
(ii) Blood may be forcibly taken only from persons who have been involved in a fatality/near fatality, and only at the direction of a traffic investigator.
(iii) In those cases where the suspect is arrested in Austin Williamson County, officers will transport the suspect to the Georgetown Hospital E.R. for the blood test.
b. If the driver refuses a blood test and was not taped by an in-car video, he/she must be video taped. Upon completion of the video taping, the driver will be booked into jail.
c. In cases where blood results are pending, the arresting officer should not issue a Notice of Suspension/Disqualification (DIC 25/DIC 57) or seize the driver’s license.
3. Video Taping
a. If the field interview and field sobriety tests were video taped by means of an in-car video system, and during that taping the driver refused to give a breath or blood sample, it is not necessary to video tape the driver again.
b. If the driver refuses both breath and blood tests, and they were not taped by an in-car video, the officer will video tape the driver at Central Booking or Williamson County Jail.
c. The following steps and procedures will be followed in the video room:(i) Attorneys for drivers will not be allowed in the video room.
(ii) After entering the video room, make reasonable attempts to keep the driver within the viewing area of the camera.
(iii) If the driver is not cooperative, and refuses to stand up in the video room, do not force the driver to stand.
(iv) The officer will go through all appropriate steps listed in the video room, even if the driver does not wish to perform any of the requested tasks.
(v) If the driver wishes to make a local telephone call, he/she will be allowed to make calls only from the telephone in the video room. If the driver wishes to make a long distance telephone call, he/she will be allowed to do so after being booked into jail.
(vi) The officer will read, sign, and deliver a copy of the DWI Statutory Warning (DIC-24) to the driver during the video tape session.
(vii) The driver will then be booked into jail.
D. Breath and Blood Test Refusal
1. If the motor vehicle operator does not consent to give a sample of their breath or blood, the following will be done:
a. The arresting officer will complete either the DIC 25 (Notice of Suspension/Temporary Driving Permit) or the DIC 57 (Notice of Disqualification/Temporary Driving Permit for Commerical Vehicle Operator.)
b. The driver’s license of the motor vehicle operator will be seized by the arresting officer.
c. A copy of the Temporary Driving Permit (DIC 25 or DIC 57) will be given to the motor vehicle operator.
d. No motor vehicle operator will be issued a Temporary Driving Permit who does not have a current driver’s license.
e. A copy of the Temporary Driving Permit and the seized driver’s license will be attached to the ALR paperwork and reviewed by the Arrest Review Detective. If the arrest was made in Austin Williamson County, see .06 for reporting and review procedures below.
.05 Driving Under Influence (DUI Minor-Alcohol)
A. Officers who stop a vehicle and determine that the driver:
1. Is under age 21; and
2. Has an odor of alcohol on his/her breath;
3. But displays no characteristics of intoxication,
Will either:
1. Arrest the driver for DUI Minor-Alcohol, or
2. Issue a field release citation for DUI Minor-Alcohol and turn the driver over to a responsible adult.
B. If field interview and field sobriety tests indicate that the driver is impaired, he/she may be arrested, and testing procedures as set out in section .04 of this policy apply.
1. The Family Code, Title 3, Chapter 52, Section 52.02 (d) states that a child taken into custody for DUI may submit to the taking of a breath specimen without the concurrence of an attorney, but only if the request made of the child to give the specimen and the child’s response to that request is video taped. In accordance with this statute officers will:
a. Videotape the administration of the DIC-24 statutory warning to all juveniles arrested for DUI prior to administering the intoxilyzer test or obtaining a blood sample.
b. The videotape will be maintained in accordance with departmental evidence handling policy.
2. The driver’s license will be seized if the Breathalyzer establishes any detectable amount of alcohol. A Temporary Driving Permit will be issued if the guidelines established in section .04 are met.
.06 Filing and Reporting Procedures
A. Complete and turn in all incident reports/supplements and other associated documentation.
1. Officers making an arrest for DWI will ensure that they have completed:
a. Incident report with correct title;
b. Completed ALR paperwork;
c. Intoxilizer result slip;
d. Collision field sheet (if applicable);
e. Evidence tag for blood sample (if taken);
f. Evidence tag for video tape (in-car or video room);
g. Probable cause affidavit;
h. Municipal Court cover sheet. (Williamson County Court cover sheet if applicable)
2. Officers stopping a driver who is subsequently arrested by a DWI Enforcement Unit need to complete:
a. Supplement to the incident report;
b. Collision field sheet (if applicable).
B. Officers making an arrest for DWI will turn over the appropriate paperwork to the Direct File Unit for review and approval. If arrested and booked into the Williamson County Jail, a copy of the ALR paperwork, the intoxilizer results slip, affidavit and report will be turned into the booking officer. If the suspect was involved in a collision and a ST-3 collision sheet was completed, a copy will also be attached. All original ALR paperwork and seized driver’s license will be stapled together and forwarded to the Traffic Office through inter-office mail. Appropriate arrest review and approval procedures addressed in Document B113 of the General Orders will be followed.
C. Video tapes and blood tubes will be handled in accordance with Department policy regarding the handling of evidence.
1. Videotapes will be turned in to the evidence room. If arrested in Austin Williamson County, the videotape will be turned into the video drop box at the Williamson County Jail.
2. Blood tubes will be placed in the appropriate drop box at Police Headquarters for processing by the APD Crime Lab.
Wednesday, March 21, 2007
If the police question me, should I answer them?
If the police question me, should I answer them?
Q: If the police question me, should I answer them?
A: Probably not.
An individual being questioned by the police may feel pressure to cooperate with them. The police often encourage a suspect to unburden himself by holding out the possibility that by cooperating, the suspect can untangle himself from the potential criminal charges. This is a common technique used by the police. The police have no intention of helping suspects. Often times, the police – lacking evidence with which to secure a conviction, can only obtain a conviction by compelling a suspect to incriminate himself. Many individuals, desperate to improve their situation, talk to the police, thereby drastically reducing their chances of an acquittal at trial. The police are not interrogating you in an effort to improve your position, they are trying to solve the crime – and at your expense. Resist the temptation to speak with the police without first having contacted a criminal defense attorney. Instead, inform the police of the following:
that you are exercising your right to remain silent;
that you are exercising your right to speak with an attorney before submitting to questioning;
that you want to exercise your right to make a telephone call. (The police will not normally limit you to only one telephone call).
If the police continue to question you, say nothing. I have had clients inform me that when they insisted that they wanted to speak with a lawyer before further questioning, the police pressed the client to waive that right. Some detectives have told suspects that a lawyer would only make matters worse and that they, the detectives, were the only ones empowered to help the suspect. Detectives have often lied to suspects about the evidence that they have gathered. In an effort to brake a suspect's silence, detectives have been known to tell him that they have recovered his fingerprint from the crime scene. These tactics are not uncommon. The fact that you refused to speak with the police cannot be used against you at trial. Do not panic and do not allow the police to bait you into breaking your silence.
Q: If the police question me, should I answer them?
A: Probably not.
An individual being questioned by the police may feel pressure to cooperate with them. The police often encourage a suspect to unburden himself by holding out the possibility that by cooperating, the suspect can untangle himself from the potential criminal charges. This is a common technique used by the police. The police have no intention of helping suspects. Often times, the police – lacking evidence with which to secure a conviction, can only obtain a conviction by compelling a suspect to incriminate himself. Many individuals, desperate to improve their situation, talk to the police, thereby drastically reducing their chances of an acquittal at trial. The police are not interrogating you in an effort to improve your position, they are trying to solve the crime – and at your expense. Resist the temptation to speak with the police without first having contacted a criminal defense attorney. Instead, inform the police of the following:
that you are exercising your right to remain silent;
that you are exercising your right to speak with an attorney before submitting to questioning;
that you want to exercise your right to make a telephone call. (The police will not normally limit you to only one telephone call).
If the police continue to question you, say nothing. I have had clients inform me that when they insisted that they wanted to speak with a lawyer before further questioning, the police pressed the client to waive that right. Some detectives have told suspects that a lawyer would only make matters worse and that they, the detectives, were the only ones empowered to help the suspect. Detectives have often lied to suspects about the evidence that they have gathered. In an effort to brake a suspect's silence, detectives have been known to tell him that they have recovered his fingerprint from the crime scene. These tactics are not uncommon. The fact that you refused to speak with the police cannot be used against you at trial. Do not panic and do not allow the police to bait you into breaking your silence.
Cost of DWI: Litigation vs. a criminal record
This story originally ran on News 8 Austin
Cost of DWI: Litigation vs. a criminal record
11/18/2005 4:14 PM
By: Crestina Chavez
DWI offenders have a tough, expensive decision to make: whether to plead guilty or fight the charge.
Either way, first you need to hire a lawyer. Defense attorney Ray Bass said that can cost anywhere from $500 to $10,000. The amount of money depends on how much attention is paid to that case.
Bass said in general, a conviction costs about $10,000. That goes to a number of fees, including $1,500 in probation fees and $125 for a license reinstatement fee.
Then, there's the 24 to 80 hours of time spent on community service, plus alcohol education classes.
"Then, think about the disadvantages once you do have a criminal record. Lost time, lost wages, the anxiety and, even sometimes, lost families," Bass said.
Two out of five of DWI arrests plea guilty to the charge. Bass believes it's worth the fight.
"It's more than worth it to fight it. You're going to spend $4,000 to $5,000 for a lawyer. But that lawyer is going to end up saving you $5,000," he said.
For those who opt to fight the charge, it still costs a bundle. These cases take a while before they go to trial.
"[You’re] sitting there getting an ulcer waiting to find out if you're a criminal," Bass said.
A pretrial hearing takes time away from work or school. Then comes the trial. If you're facing a jury, it won't be easy convincing them of your innocence.
“Because the public, those that eventually serve on juries, are conditioned to believe we owe it to one another to find these people guilty, to teach 'em a lesson. To send this young man on the right path," Bass said.
“It's considered more reprehensible by the public. Juries, at least it's been my experience, take it more seriously now. The Legislature is obviously continuing to take it more seriously with more penalties and license suspensions and with increasing penalties for repeat offenders," DWI resource prosecutor W. Clay Abbott said.
If you win, you're spared about $5,000 in fines, but you still spent as much on your defense and paid for it through time and grief.
But there’s always a third option: the responsible one. A cab ride home will always be cheaper than a ride in a police car.
Cost of DWI: Litigation vs. a criminal record
11/18/2005 4:14 PM
By: Crestina Chavez
DWI offenders have a tough, expensive decision to make: whether to plead guilty or fight the charge.
Either way, first you need to hire a lawyer. Defense attorney Ray Bass said that can cost anywhere from $500 to $10,000. The amount of money depends on how much attention is paid to that case.
Bass said in general, a conviction costs about $10,000. That goes to a number of fees, including $1,500 in probation fees and $125 for a license reinstatement fee.
Then, there's the 24 to 80 hours of time spent on community service, plus alcohol education classes.
"Then, think about the disadvantages once you do have a criminal record. Lost time, lost wages, the anxiety and, even sometimes, lost families," Bass said.
Two out of five of DWI arrests plea guilty to the charge. Bass believes it's worth the fight.
"It's more than worth it to fight it. You're going to spend $4,000 to $5,000 for a lawyer. But that lawyer is going to end up saving you $5,000," he said.
For those who opt to fight the charge, it still costs a bundle. These cases take a while before they go to trial.
"[You’re] sitting there getting an ulcer waiting to find out if you're a criminal," Bass said.
A pretrial hearing takes time away from work or school. Then comes the trial. If you're facing a jury, it won't be easy convincing them of your innocence.
“Because the public, those that eventually serve on juries, are conditioned to believe we owe it to one another to find these people guilty, to teach 'em a lesson. To send this young man on the right path," Bass said.
“It's considered more reprehensible by the public. Juries, at least it's been my experience, take it more seriously now. The Legislature is obviously continuing to take it more seriously with more penalties and license suspensions and with increasing penalties for repeat offenders," DWI resource prosecutor W. Clay Abbott said.
If you win, you're spared about $5,000 in fines, but you still spent as much on your defense and paid for it through time and grief.
But there’s always a third option: the responsible one. A cab ride home will always be cheaper than a ride in a police car.
Cost of DWI: Drunk driving fatalities
This story originally ran on News 8 Austin
Cost of DWI: Drunk driving fatalities
11/17/2005 4:00 PM
By: Crestina Chavez
You see little memorials around town on the sides and medians of roads – crucifixes and other memorials mark lives remembered – the lives taken by drunk drivers.
"Every six months I come here," Carrie Jordan said of time spent at her son's marker. "The tree is growing. It's apart of Jason."
Jason died in a drunk driving crash in 2002.
"I knew he died. The doctor came in. I just started screaming. A piece of your heart gets yanked out."
Susan Cox lost her daughter 20 years ago.
"I didn't think I could survive. I could barely get out of bed. Our whole life changed. Who are we now? Where do we go?" she said.
The loved ones aren't the only ones feeling that pain.
At the Gatesville prison complex, Doris McCauley is paying for her crime. She was convicted of intoxication manslaughter and is spending 20 years in prison.
"I would give my life to this day. I wish I would have died instead of them," she said.
McCauley killed two couples in a 2003 crash. McCauley was a woman who had never been in trouble with the law, never seen the inside of a jail cell.
This haunting scene of her sentencing plays out over and over in her mind.
"He asked me, 'My God, Ms. McCauley how fast were you going?' That's something I have to live with for the rest of my life," she said.
"The main thing is my freedom. I really miss my freedom," she said.
Although she believes she's better off behind bars.
"My life changed for the better. I no longer drink," she said.
But all the regret in the world doesn't erase the pain of the destroyed families left behind. Although some families use their pain to help others.
Jason Jordan's sister, Crystal, started speaking out at drunk-driving panels: classes for those charged with DWIs.
"It's hard to relive the emotions. Out of the 60 people, if I can touch one person, maybe my job is done," Crystal said.
Susan's pain pushed her into starting a grief support group.
"Maybe I was being a little selfish, trying to get help for me and my husband and my son. And, through that, this is what came from that pain. But, it's my passion," Susan said.
She started For the Love of Christi.
"The things that she's missing and the things that I'm missing, it seems so unfair. You don't have a choice you go forward. It's through helping others that helps me," Susan said.
Cost of DWI: Drunk driving fatalities
11/17/2005 4:00 PM
By: Crestina Chavez
You see little memorials around town on the sides and medians of roads – crucifixes and other memorials mark lives remembered – the lives taken by drunk drivers.
"Every six months I come here," Carrie Jordan said of time spent at her son's marker. "The tree is growing. It's apart of Jason."
Jason died in a drunk driving crash in 2002.
"I knew he died. The doctor came in. I just started screaming. A piece of your heart gets yanked out."
Susan Cox lost her daughter 20 years ago.
"I didn't think I could survive. I could barely get out of bed. Our whole life changed. Who are we now? Where do we go?" she said.
The loved ones aren't the only ones feeling that pain.
At the Gatesville prison complex, Doris McCauley is paying for her crime. She was convicted of intoxication manslaughter and is spending 20 years in prison.
"I would give my life to this day. I wish I would have died instead of them," she said.
McCauley killed two couples in a 2003 crash. McCauley was a woman who had never been in trouble with the law, never seen the inside of a jail cell.
This haunting scene of her sentencing plays out over and over in her mind.
"He asked me, 'My God, Ms. McCauley how fast were you going?' That's something I have to live with for the rest of my life," she said.
"The main thing is my freedom. I really miss my freedom," she said.
Although she believes she's better off behind bars.
"My life changed for the better. I no longer drink," she said.
But all the regret in the world doesn't erase the pain of the destroyed families left behind. Although some families use their pain to help others.
Jason Jordan's sister, Crystal, started speaking out at drunk-driving panels: classes for those charged with DWIs.
"It's hard to relive the emotions. Out of the 60 people, if I can touch one person, maybe my job is done," Crystal said.
Susan's pain pushed her into starting a grief support group.
"Maybe I was being a little selfish, trying to get help for me and my husband and my son. And, through that, this is what came from that pain. But, it's my passion," Susan said.
She started For the Love of Christi.
"The things that she's missing and the things that I'm missing, it seems so unfair. You don't have a choice you go forward. It's through helping others that helps me," Susan said.
Cost of DWI: The emotional cost
This story originally ran on News 8 Austin
Cost of DWI: The emotional cost
11/16/2005 2:13 PM
By: Crestina Chavez
Every 19 minutes in Texas a drunk driver will crash into someone's life.
Perhaps even you're own.
Joyce Hunt knows first-hand what it's like to relive a drunk-driving crash everyday. Seventeen years ago her 3-year-old son Mitchey was hurt by a drunk driver.
"In the bend of the car, there was a baby hanging by the seatbelt. That was Mitchey," she said.
He was spending the weekend with his father. On their way home, Mitchey's dad hit a culvert. It turns out his father's blood-alcohol was three times the legal limit.
"He had a broken back. Right femur, ruptured colon and pancreas, massive contusions all over his body. He was left a pretty sick, a pretty sick little boy," she said.
He spent 333 days in the hospital, 100 days in ICU and underwent 18 surgeries. He survived.
"One of the things he was so concerned about. He cried about was, 'Mommy, I don't have a belly button anymore.' Of all the things he was going through, this was a child," Joyce said.
Though he never lost his will to live the crash left Mitchey a paraplegic.
"He adapted to it. He played basketball. He did sports. If you didn't see his wheelchair, you didn't know he was paralyzed," Joyce said.
Joyce started working with Mothers Against Drunk Driving to lobby for harsher punishment for drunk drivers.
"You want to give and want to give back more," she said.
Mitchey made it to the 11th grade when more bad news struck.
"[He] developed this rare brain disease, started having seizures, [I] took him hospital to hospital. In August 2002, I was told he has two weeks to a month to live."
Three years later, Mitchie is still around.
The disease is in some sort of remission. But it took his speech and limited movement.
But Joyce saw progress when her son cried for the first time in years.
"He's showing a lot of emotion. It's just going to take some time," Joyce said.
The single mother had times when she could barely make it.
"If you get behind on this bill because you had to pay this medical bill or get this medicine. You just say, 'I'm sorry, I'll get to it next month or when I can,' " she said.
She estimates she's racked up an easy $5 million in medical expenses.
"The emotional cost. It's there. It's evident. But, the financial cost. It's enormous," she said.
It took Joyce 16 years to forgive her ex-husband. She said it was like another person jumped right out of her. As for Mitchie's dad, he served two years of a five-year sentence. He visits Mitchie often, though he's experiencing health problems of his own.
It's been 10 years since Linda Sherwood-Varela crashed while driving drunk. She's not sure, if she has forgiven herself yet.
Sherwood-Varela is a strong professional woman with two children. And not what you think of when you hear "convicted felon."
"I had a glamorous career. I had everything," she said.
But in the instant of the crash her life changed from everything to nothing.
"You're a criminal and you've got to accept that," she said.
After a night of binge-drinking in downtown Houston, Sherwood-Varela ended up driving onto an exit ramp.
"For a long time I didn't know anything. I had convinced myself that I had killed someone and I didn't want to live," she said.
After three months in a coma, her victim survived.
"Just trying to exist from moment to moment was very difficult," she said.
She faced charges of intoxicated assault with a vehicle and she crumbled on the stand.
"My attorney said to tell the two beer story. All it took was for the judge to say, 'Linda tell me what happened that night.' I told him everything."
She was found guilty and sentenced to 30 days in jail and 10 years probation.
This happened in 1995, so don't count on a judge to be so lenient nowadays.
"I had no self-esteem. I didn't trust my decisions," she said.
Despite her depression, she got married had two children. Her marriage turned abusive and she filed for divorce.
"My criminal history, drunk driving and a felon. It left a big impression with the jury. Now, my abuser won custody of my children," she said.
She's still fighting for them but is forever haunted by her mistakes. She still struggles to forgive herself.
"I'd like to say I have. No one has ever asked me that," she said.
She speaks to dozens accused of drunk driving at a victim's impact panel.
"Just hoping to make an impact," she said.
And after 10 years she's done with probation and restitution: $60,000 not including court costs.
"It was sort of anticlimactic we celebrated. But, I'm still a felon. It won't ever go away," she said.
Linda has moved to Dallas is planning on remarrying. But her days in front of a judge are hardly over.
This time she'll try to get custody of her children.
Cost of DWI: The emotional cost
11/16/2005 2:13 PM
By: Crestina Chavez
Every 19 minutes in Texas a drunk driver will crash into someone's life.
Perhaps even you're own.
Joyce Hunt knows first-hand what it's like to relive a drunk-driving crash everyday. Seventeen years ago her 3-year-old son Mitchey was hurt by a drunk driver.
"In the bend of the car, there was a baby hanging by the seatbelt. That was Mitchey," she said.
He was spending the weekend with his father. On their way home, Mitchey's dad hit a culvert. It turns out his father's blood-alcohol was three times the legal limit.
"He had a broken back. Right femur, ruptured colon and pancreas, massive contusions all over his body. He was left a pretty sick, a pretty sick little boy," she said.
He spent 333 days in the hospital, 100 days in ICU and underwent 18 surgeries. He survived.
"One of the things he was so concerned about. He cried about was, 'Mommy, I don't have a belly button anymore.' Of all the things he was going through, this was a child," Joyce said.
Though he never lost his will to live the crash left Mitchey a paraplegic.
"He adapted to it. He played basketball. He did sports. If you didn't see his wheelchair, you didn't know he was paralyzed," Joyce said.
Joyce started working with Mothers Against Drunk Driving to lobby for harsher punishment for drunk drivers.
"You want to give and want to give back more," she said.
Mitchey made it to the 11th grade when more bad news struck.
"[He] developed this rare brain disease, started having seizures, [I] took him hospital to hospital. In August 2002, I was told he has two weeks to a month to live."
Three years later, Mitchie is still around.
The disease is in some sort of remission. But it took his speech and limited movement.
But Joyce saw progress when her son cried for the first time in years.
"He's showing a lot of emotion. It's just going to take some time," Joyce said.
The single mother had times when she could barely make it.
"If you get behind on this bill because you had to pay this medical bill or get this medicine. You just say, 'I'm sorry, I'll get to it next month or when I can,' " she said.
She estimates she's racked up an easy $5 million in medical expenses.
"The emotional cost. It's there. It's evident. But, the financial cost. It's enormous," she said.
It took Joyce 16 years to forgive her ex-husband. She said it was like another person jumped right out of her. As for Mitchie's dad, he served two years of a five-year sentence. He visits Mitchie often, though he's experiencing health problems of his own.
It's been 10 years since Linda Sherwood-Varela crashed while driving drunk. She's not sure, if she has forgiven herself yet.
Sherwood-Varela is a strong professional woman with two children. And not what you think of when you hear "convicted felon."
"I had a glamorous career. I had everything," she said.
But in the instant of the crash her life changed from everything to nothing.
"You're a criminal and you've got to accept that," she said.
After a night of binge-drinking in downtown Houston, Sherwood-Varela ended up driving onto an exit ramp.
"For a long time I didn't know anything. I had convinced myself that I had killed someone and I didn't want to live," she said.
After three months in a coma, her victim survived.
"Just trying to exist from moment to moment was very difficult," she said.
She faced charges of intoxicated assault with a vehicle and she crumbled on the stand.
"My attorney said to tell the two beer story. All it took was for the judge to say, 'Linda tell me what happened that night.' I told him everything."
She was found guilty and sentenced to 30 days in jail and 10 years probation.
This happened in 1995, so don't count on a judge to be so lenient nowadays.
"I had no self-esteem. I didn't trust my decisions," she said.
Despite her depression, she got married had two children. Her marriage turned abusive and she filed for divorce.
"My criminal history, drunk driving and a felon. It left a big impression with the jury. Now, my abuser won custody of my children," she said.
She's still fighting for them but is forever haunted by her mistakes. She still struggles to forgive herself.
"I'd like to say I have. No one has ever asked me that," she said.
She speaks to dozens accused of drunk driving at a victim's impact panel.
"Just hoping to make an impact," she said.
And after 10 years she's done with probation and restitution: $60,000 not including court costs.
"It was sort of anticlimactic we celebrated. But, I'm still a felon. It won't ever go away," she said.
Linda has moved to Dallas is planning on remarrying. But her days in front of a judge are hardly over.
This time she'll try to get custody of her children.
Cost of DWI: The other price to pay
This story originally ran on News 8 Austin
Cost of DWI: The other price to pay
11/15/2005 4:00 PM
By: Crestina Chavez
After spending a night in jail for DWI, the pain you'll feel is far worse than any bad hangover.
As soon as you get out, get ready to run some errands.
It's not pretty thinking about how much more money you'll have to spend not to drive.
You're facing a license suspension for anywhere from three months to a year. And once you get it back, you'll have to pay to keep it.
Lawmakers passed the Driver's Responsibility Program in 2003.
"They were very concerned and thought, well, maybe if we make it even more expensive for people, they'll think about that before they drink and drive," Texas Department of Public Safety spokeswoman Tela Mange said.
The fee is $1,000 every year for the next three years. In that time... you'll have to pay for your car insurance, which is going to go up, too.
"You see road signs all over Texas, 'DWI You can't afford it,' " Southwest Insurance Information Service spokesman Jerry Johns said. "Your rates are going to become almost unbearable."
The insurance will be four to five times higher than what you're paying now. Or insurance companies could just drop you.
Depending on your judge, or your drinking habits, the court might order you to prove you're not drunk before you drive with an ignition interlock device. It's basically a breathalyzer connected to your car. It is required for second- and third-time offenders.
"While they're driving, it'll ask for a rolling re-test every 15-20 minutes," interlock installer Hedley Hitchins said.
The interlock scores are collected and passed on to your probation officer.
You can also expect to pay $65 a month for your probation, that's $780 a year -- for the length of your probation.
And then you have to worry about whether your employer will let you keep your job.
"They were all wonderful and supportive, but I had to leave," convicted drunk driver Linda Sherwood-Varela said.
Sherwood-Varela had to pay a lot for her crime.
"Hundreds of thousands of dollars there, having to start over as a maid working my way up," she said.
Tallying up the bill: to keep your license, your insurance, your car running it will cost $6,300. Imagine that: it's a trip around the world, a brand new entertainment system or a really nice used car.
But your worries aren't over, there are others who may have to pay for your crime, too.
Bar owners and bartenders have to pay up, if you injure someone in a crash. And it's something to think about when you're hosting your next party.
A Saturday night at Jorge Reyes' condo in East Austin means 30 to 40 friends visit throughout the night, all with something cold in their hand.
"I've always wanted to have a place where I can have friends come over and enjoy themselves," Reyes said.
But what if something happens to one of his friends who perhaps shouldn't be driving?
Well, first, Reyes won't let them leave.
"It's much more comfortable to stay on my hard floor, than it is to stay on a jail's hard floor," he said.
Second, he really has nothing to worry about.
"If the person is 18 years old or older, there is generally no social-host liability," personal injury lawyer Jim Rodman said.
Texas courts have continuously upheld rulings that won't make a social host liable for their friends, if they get involved in a drunk driving crash."
But, for businesses, that's a different story.
"They have liability if they serve alcohol to whom it is apparent that he is intoxicated to an extent that he is a danger to himself or others," Rodman said.
That's an unsettling feeling for bar owners who feel like they're playing by the rules.
"Many of us work really hard at staying out of trouble. And, it seems awful crazy that one day our life could change if by putting one wrong beer in front of somebody," John Meute of the Gingerman Pub said.
A life changed for one bar owner.
A TABC investigation led to the Northwest Austin bar Sam's Boat losing its liquor license.
It happened after two patrons were driving home after a night at Sam's Boat.
Umar Abdurr-Rahim sideswiped his roommate Amanda White's car. She then crashed into a tree.
The commission's report showed Abdurr-Rahim and White were drunk. Yet, the bar continued to serve them.
"DWIs have tragic and multi-faceted consequences that are too often over-looked," former Sam's Boat owner Marv Wang said in a written statement.
As for those late-night parties, and whether the host will ever face financial consequences for your drunk driving, Rodman doubts it.
"The legislature is in the mode of not liking liability and not liking lawsuits. You're not going to see it immediately," Rodman said.
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Austin DWI Lawyer
Austin Lawyer
Jason Trumpler
Austin DWI Lawyer
Cost of DWI: The other price to pay
11/15/2005 4:00 PM
By: Crestina Chavez
After spending a night in jail for DWI, the pain you'll feel is far worse than any bad hangover.
As soon as you get out, get ready to run some errands.
It's not pretty thinking about how much more money you'll have to spend not to drive.
You're facing a license suspension for anywhere from three months to a year. And once you get it back, you'll have to pay to keep it.
Lawmakers passed the Driver's Responsibility Program in 2003.
"They were very concerned and thought, well, maybe if we make it even more expensive for people, they'll think about that before they drink and drive," Texas Department of Public Safety spokeswoman Tela Mange said.
The fee is $1,000 every year for the next three years. In that time... you'll have to pay for your car insurance, which is going to go up, too.
"You see road signs all over Texas, 'DWI You can't afford it,' " Southwest Insurance Information Service spokesman Jerry Johns said. "Your rates are going to become almost unbearable."
The insurance will be four to five times higher than what you're paying now. Or insurance companies could just drop you.
Depending on your judge, or your drinking habits, the court might order you to prove you're not drunk before you drive with an ignition interlock device. It's basically a breathalyzer connected to your car. It is required for second- and third-time offenders.
"While they're driving, it'll ask for a rolling re-test every 15-20 minutes," interlock installer Hedley Hitchins said.
The interlock scores are collected and passed on to your probation officer.
You can also expect to pay $65 a month for your probation, that's $780 a year -- for the length of your probation.
And then you have to worry about whether your employer will let you keep your job.
"They were all wonderful and supportive, but I had to leave," convicted drunk driver Linda Sherwood-Varela said.
Sherwood-Varela had to pay a lot for her crime.
"Hundreds of thousands of dollars there, having to start over as a maid working my way up," she said.
Tallying up the bill: to keep your license, your insurance, your car running it will cost $6,300. Imagine that: it's a trip around the world, a brand new entertainment system or a really nice used car.
But your worries aren't over, there are others who may have to pay for your crime, too.
Bar owners and bartenders have to pay up, if you injure someone in a crash. And it's something to think about when you're hosting your next party.
A Saturday night at Jorge Reyes' condo in East Austin means 30 to 40 friends visit throughout the night, all with something cold in their hand.
"I've always wanted to have a place where I can have friends come over and enjoy themselves," Reyes said.
But what if something happens to one of his friends who perhaps shouldn't be driving?
Well, first, Reyes won't let them leave.
"It's much more comfortable to stay on my hard floor, than it is to stay on a jail's hard floor," he said.
Second, he really has nothing to worry about.
"If the person is 18 years old or older, there is generally no social-host liability," personal injury lawyer Jim Rodman said.
Texas courts have continuously upheld rulings that won't make a social host liable for their friends, if they get involved in a drunk driving crash."
But, for businesses, that's a different story.
"They have liability if they serve alcohol to whom it is apparent that he is intoxicated to an extent that he is a danger to himself or others," Rodman said.
That's an unsettling feeling for bar owners who feel like they're playing by the rules.
"Many of us work really hard at staying out of trouble. And, it seems awful crazy that one day our life could change if by putting one wrong beer in front of somebody," John Meute of the Gingerman Pub said.
A life changed for one bar owner.
A TABC investigation led to the Northwest Austin bar Sam's Boat losing its liquor license.
It happened after two patrons were driving home after a night at Sam's Boat.
Umar Abdurr-Rahim sideswiped his roommate Amanda White's car. She then crashed into a tree.
The commission's report showed Abdurr-Rahim and White were drunk. Yet, the bar continued to serve them.
"DWIs have tragic and multi-faceted consequences that are too often over-looked," former Sam's Boat owner Marv Wang said in a written statement.
As for those late-night parties, and whether the host will ever face financial consequences for your drunk driving, Rodman doubts it.
"The legislature is in the mode of not liking liability and not liking lawsuits. You're not going to see it immediately," Rodman said.
Attorney Biographies
Client Letters
Austin DWI Lawyer
Austin Lawyer
Jason Trumpler
Austin DWI Lawyer
The Cost of a DWI in Austin - Law and Order
Cost of DWI: Part 1 - Law and Order
This story originally ran on News 8 Austin
Cost of DWI: Law and order
11/14/2005 3:37 PM
By: Crestina Chavez
One out of every five drivers on the road after midnight is under the influence of something, according to MADD TEXAS.
Perhaps you've been one of them. That drive home will get so much more expensive if you're caught drunk driving. The key is knowing what police officers are looking for when you're on the road.
Corporal David Daniels is assigned to the Austin Police Department's DWI Task Force. On a recent Saturday night, he combed North Lamar down to William Cannon and through the streets of downtown looking for drunk drivers.
A DWI charge usually starts off as a routine traffic stop.
"We look for violations, running red lights or speeding. Intoxicated drivers have a hard time maintaining their lane of traffic," Daniels said.
And, if you've had anything to drink - even just one - get ready to prove you're not drunk. Daniels said officers conduct sobriety test any time a driver indicates they've been drinking. More than a dozen officers are looking for drunk drivers on any given night.
Of the five vehicles Daniels stopped for traffic violations, all but one passed sobriety tests.
"Sometimes you win, sometimes you lose. Sometimes, people forget to put their lights on," he said.
Sometimes, when drivers simply refuse to walk the line or follow their eyes with the officer's flashlight, it's off to the BAT bus. It stands for Blood Alcohol Testing. The small white school bus is stationed at different locations on different days as a faster way to process drunk drivers.
In Texas 42.5 percent of DWI arrests refuse to take a BAC test, according to a state report.
Once suspects are taken to the BAT bus, they must decide whether to submit to a breath test. In Texas, refusal is an automatic 180-day license suspension.
The breath test on the BAT bus offers immediate results, but suspects get a heavy dose of reading material while they wait. Public service announcements showing victims of drunk driving accidents and newspaper articles about vehicular homicides adorn the walls.
For those who end up in police custody facing a DWI charge, it's a mandatory night in jail. And next is the day in court. In Travis County, there are four criminal courts that hear DWI cases on their dockets.
Nine out of 10 people in Travis County plea bargain, according to W. Clay Abbott, a DWI resource prosecutor for the Texas District and County Attorneys Association.
Abbott coaches criminal justice systems toward winning DWI cases. Between Sept. 2004 and Aug. 2005, 7,589 DWI arrests were made, and Travis County convicts about 80 percent of DWIs, a pretty high statistic on the national scale. That leaves one-tenth of cases getting dropped and the other tenth going to trial.
Abbott said most of those require the most expertise.
"This is an area that has the youngest prosecutors and the most experienced defense attorneys. Same thing with officers. You start on the street, and if you're really good at what you do, you promote to something else. So, the rookies are all on the state's side," Abbott said.
Rookie prosecutors are up against veteran lawyers like Ray Bass. He's spent 30 fighting DWIs and estimates he's tried more than 2,000 DWI cases.
"Society certainly has a valid interest in criminalizing that sort of conduct. The difficulty is the marketing or the enforcement of that law, not so much to punish the individual person, but to spread the word," he said.
Bass believes you've got nothing to lose in fighting the charge.
"It's no secret that a number of people that are getting a DWI are probably guilty. So, the question is, what is there unique about this case that maybe we could convince a judge or a prosecutor or a jury that punishment should be a lot less than it would be under other circumstances," Bass said.
Abbott said juries are increasingly siding with tougher punishment.
"Jurors have been more receptive to giving harsher sentences, judges therefore right behind them. The consequences are becoming more dire for people that commit the offense,"
Most of APD's arrests are for a first offense DWI, though prosecutors are say many driving with a suspended license charges are linked to a previous DWI charge. That means even more criminal misdemeanor cases continue to cycle through the criminal justice system.
This story originally ran on News 8 Austin
Cost of DWI: Law and order
11/14/2005 3:37 PM
By: Crestina Chavez
One out of every five drivers on the road after midnight is under the influence of something, according to MADD TEXAS.
Perhaps you've been one of them. That drive home will get so much more expensive if you're caught drunk driving. The key is knowing what police officers are looking for when you're on the road.
Corporal David Daniels is assigned to the Austin Police Department's DWI Task Force. On a recent Saturday night, he combed North Lamar down to William Cannon and through the streets of downtown looking for drunk drivers.
A DWI charge usually starts off as a routine traffic stop.
"We look for violations, running red lights or speeding. Intoxicated drivers have a hard time maintaining their lane of traffic," Daniels said.
And, if you've had anything to drink - even just one - get ready to prove you're not drunk. Daniels said officers conduct sobriety test any time a driver indicates they've been drinking. More than a dozen officers are looking for drunk drivers on any given night.
Of the five vehicles Daniels stopped for traffic violations, all but one passed sobriety tests.
"Sometimes you win, sometimes you lose. Sometimes, people forget to put their lights on," he said.
Sometimes, when drivers simply refuse to walk the line or follow their eyes with the officer's flashlight, it's off to the BAT bus. It stands for Blood Alcohol Testing. The small white school bus is stationed at different locations on different days as a faster way to process drunk drivers.
In Texas 42.5 percent of DWI arrests refuse to take a BAC test, according to a state report.
Once suspects are taken to the BAT bus, they must decide whether to submit to a breath test. In Texas, refusal is an automatic 180-day license suspension.
The breath test on the BAT bus offers immediate results, but suspects get a heavy dose of reading material while they wait. Public service announcements showing victims of drunk driving accidents and newspaper articles about vehicular homicides adorn the walls.
For those who end up in police custody facing a DWI charge, it's a mandatory night in jail. And next is the day in court. In Travis County, there are four criminal courts that hear DWI cases on their dockets.
Nine out of 10 people in Travis County plea bargain, according to W. Clay Abbott, a DWI resource prosecutor for the Texas District and County Attorneys Association.
Abbott coaches criminal justice systems toward winning DWI cases. Between Sept. 2004 and Aug. 2005, 7,589 DWI arrests were made, and Travis County convicts about 80 percent of DWIs, a pretty high statistic on the national scale. That leaves one-tenth of cases getting dropped and the other tenth going to trial.
Abbott said most of those require the most expertise.
"This is an area that has the youngest prosecutors and the most experienced defense attorneys. Same thing with officers. You start on the street, and if you're really good at what you do, you promote to something else. So, the rookies are all on the state's side," Abbott said.
Rookie prosecutors are up against veteran lawyers like Ray Bass. He's spent 30 fighting DWIs and estimates he's tried more than 2,000 DWI cases.
"Society certainly has a valid interest in criminalizing that sort of conduct. The difficulty is the marketing or the enforcement of that law, not so much to punish the individual person, but to spread the word," he said.
Bass believes you've got nothing to lose in fighting the charge.
"It's no secret that a number of people that are getting a DWI are probably guilty. So, the question is, what is there unique about this case that maybe we could convince a judge or a prosecutor or a jury that punishment should be a lot less than it would be under other circumstances," Bass said.
Abbott said juries are increasingly siding with tougher punishment.
"Jurors have been more receptive to giving harsher sentences, judges therefore right behind them. The consequences are becoming more dire for people that commit the offense,"
Most of APD's arrests are for a first offense DWI, though prosecutors are say many driving with a suspended license charges are linked to a previous DWI charge. That means even more criminal misdemeanor cases continue to cycle through the criminal justice system.
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