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July 4th — the “No Refusal” Holiday

As the Fourth of July looms, counties across Texas are preparing for another “No Refusal” week(end).  What this means for drivers arrested for Driving While Intoxicated is that even if you refuse a breath or a blood test, an officer may very likely seek a warrant for your blood. Texas has what is called the “implied consent” […]


Collin County Court Dates

One of the most common questions I’m asked is what will happen on my court date.  Other common terms for court dates are “announcements.” Your court date is normally just a work session between your attorney and the prosecutor in Collin County. Understand each of our courts have hundreds if not thousands of cases pending […]


Pot with a Purpose: Medicinal Marijuana in Texas

In recent years, medical marijuana has become a hot political topic, sometimes leading to legislative change. Proponents of medical marijuana suggest, and some studies have shown, that marijuana helps to treat and alleviate symptoms associated with a variety of conditions, including glaucoma, multiple sclerosis (specifically muscular spasticity), Alzheimer’s disease, certain kinds of cancer (primarily breast […]


Crime and Punishment – Family Violence Style

Texas law takes a particularly strong stance on the issue of domestic or family violence, even including a legislative statement in Article 5.01 of the Code of Criminal Procedure that “victims of family violence are entitled to the maximum protection from harm or abuse or the threat…as is permitted by law.”  This means that in […]


Our Philosophy on Defending DWI Charges

We aggressively defend DWI/DUI cases and the reason is simple.  There’s no choice. Drunk driving laws have been a one-direction vice grip which have been tightened over and over and over since the early 1980’s when Mother’s Against Drunk Drivers (“MADD”) was formed. That trend will probably never be reversed regardless of how mean, thoughtless, […]


The U.S. Sentencing Guidelines

The United States Sentencing Guidelines In most Federal Criminal cases, if a person is convicted, the sentence will be determined by using the United States Sentencing Guidelines. The Guidelines were created by the U.S. Congress in the 1980’s. The Guidelines were created with the goal of achieving uniformity in Federal criminal sentences across the United […]


A Closer Look at the Proposed Deferred Adjudication Bill For Texas DWI Cases

A CLOSER LOOK AT THE PROPOSED DEFERRED ADJUDICATION BILL FOR TEXAS DWI CASES Rep. Todd Smith has introduced H.B. 189, which would authorize people charged with a first driving while intoxicated case in Texas to receive deferred adjudication. Texas law does not presently allow for deferred adjudication in Driving While Intoxicated cases. In a deferred adjudication situation, no judicial finding of […]


Mistakes to Avoid After a Texas DWI Arrest

Many people fall into some common traps following a Texas DWI arrest that can be easily avoided. 1. Not demanding an ALR hearing within 15 days of the arrest. This is easily the most common mistake after a Texas DWI arrest that I see. You must request a hearing within 15 days or your driver’s license will […]


The New DIC-24 and DIC 23

To reflect changes made to the Texas Transportation Code effective September 1, 2011, the state Department of Public Safety has amended both the DIC 23 and DIC 24 (as well as the 54). The DIC 24 is a document that is more commonly known as the statutory warning.  It is a script that Texas police officers […]


TEXAS DWI LEGISLATIVE UPDATE

This legislative session in the Texas Legislature saw a flurry of bills related to Driving While Intoxicated. Some of the proposals including creating a brand new crime for failing to install an ignition interlock device when ordered by the court, mandatory ignition interlock devices for those convicted of even a first driving while intoxicated offense, and deferred adjudication […]