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4 things the District Attorney does not want you to know :
- He does not have all the witnesses available to prove his case.
- He has exculpatory evidence which would prove your innocence.
- He has evidentiary problems in proving your blood alcohol level.
- He's bluffing.
7 of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the state of Texas, while
- Your alcohol level was over one of the prescribed limits or
- You did not have the normal use of your mental or physical faculties
What you must do immediately to preserve your right to drive:
- You or your DWI attorney must demand a hearing, an in person hearing is better, within 15 days of your arrest but not sooner than five days after your arrest.
- It is sometimes advisable to subpoena the arresting officer to appear (scroll down) at the hearing.
10 questions your attorney must ask you.
- What your itinerary was prior to arrest?
- Your consumption of alcoholic beverages?
- Your observations of the officer.?
- The officer's stated reasons for stopping you?
- Whether the officer asked or ordered you to take roadside tests?
- Your performance on roadside tests?
- Statements you made to the officer?
- What the results were of any breath or blood tests?
- Whether there were witnesses to your arrest?
- Whether you were observed for 15 minutes prior to a breath test,
What are the 4 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An experienced attorney.
Why a jury trial is advisable:
- Six people have to agree on your guilt instead of one.
What is necessary to get a jury trial?
- You automatically have a right to a jury trial.
How the arresting officer's testimony can be impeached:
- Inconsistent statements.
- Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must tell you that you have a right to refuse a portable breathalyzer test.
- The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
- An estimation of the weaknesses and strengths of the State's case against you.
- The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
- It's a cost benefit analysis. How much do you have to defend your case?
What effect will this arrest have on my license and when will I be able to drive?
- If your alcohol level was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to two years. Division of Motor Vehicles.
How to save your license if you're found guilty in court?
- Complete a 12 hour DWI education program as part of a probation on a first time DWI conviction.
What 4 preliminary motions should be filed, and the danger to you if they aren't.
- Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defense tactics in pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given
- Contest the use of a Portable Breath Tester.
- Contest the constitutionality of any search and seizure.
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