Posted on October 10, 2018 in Uncategorized

What happens when are you arrested for DWI in another state? Dustin Calhoun, a 22-year-old Houston man, will find out in the very near future. Earlier this month, Calhoun was charged with DWI in Missouri after he drove his pickup truck into a tree. He could still face consequences at home in Texas even though the DWI occurred in Missouri.

Can I Be Charged with DWI In Texas If I Was Arrested in Another State?

No. The state of Texas doesn't have jurisdiction over crimes committed outside of the state. If you live in Texas and are arrested for DWI elsewhere, you'll be subject to criminal charges in that other state.

For example, Dustin Calhoun lives in Houston, Texas. He was arrested on suspicion of DWI in Wright County, Missouri. The state of Missouri has charged Calhoun with the crime of DWI. If convicted, he will face the penalties imposed by that state. He will not be subject to additional criminal charges when he comes back home.

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 Posted on October 10, 2018 in Uncategorized

Veteran METRO Bus Driver Charged with Felony in Death of Pedestrian

Sadly, pedestrians are struck and killed as a result of a tragic motor vehicle accidents in Harris County, Texas, which carries one of the worst reputations in the country for vehicular fatalities. The fact that the driver was charged on-scene, however, is surprising because not all tragic fatality accidents are crimes.

According to news reports, a Houston METRO bus driver was charged with Criminally Negligent Homicide after hitting and killing a woman who had just exited another bus and was crossing the street.

Criminally Negligent Homicide Charges

The driver, Oscar Martinez, who had been driving METRO busses for 27 years, now faces a felony charge that carries a punishment of 180 days up to 2 years in the State Jail and up to a $10,000 fine. If prosecutors decide to allege that Martinez had used or exhibited a deadly weapon, namely a motor vehicle, in the commission of the offense, Martinez could face between 2 and 10 years in prison and up to a $10,000 fine.

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 Posted on October 10, 2018 in Uncategorized

Police have to have reasonable suspicion to make a motor vehicle stop in Texas. Driving eastbound in a westbound lane would certainly provide police with the cause they need to stop a driver on suspicion of DWI. This is precisely what happened to a man in Humble, TX earlier this week.

According to reports, Aaron Abernathy was stopped by police for driving the wrong way down a Harris County highway. Abernathy was questioned by police and asked to perform several field sobriety tests, which he allegedly failed. Chemical testing later showed that Abernathy's blood alcohol concentration was twice the legal limit. He was arrested and charged with a first-time DWI offense.

What is Reasonable Suspicion for a DWI Stop in Texas?

Police can't just stop a driver for suspected DWI without a good reason. You have certain rights, and police are required to respect them. Those rights can only be infringed when police have a minimally-acceptable level of suspicion or cause to do so. For traffic stops, police must have what is known as "reasonable suspicion."

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 Posted on September 09, 2018 in Uncategorized

There's a growing trend in Houston area law enforcement efforts to not only go after the drivers involved in alcohol-involved fatality accidents, but the bars and bartenders that serve the drinks. For those charged with Driving While Intoxicated (DWI) or more severe crimes like Intoxication Assault and Intoxication Manslaughter, this trend has serious implications on the type and quality of evidence prosecutors have to make their case. In fact, counties such as Harris County, Galveston County, or Montgomery County have specialized prosecutors and divisions dedicated to investigating and filing these types of charges and usually have a significant resource advantage over smaller counties.

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 Posted on September 09, 2018 in Uncategorized

According to the Texas Forensic Science Commission, the crime lab of the Houston Department of Public Safety is under investigation after a set of blood samples from a felony DWI arrest were mistakenly mailed to a defense attorney that is not involved in the case. The Texas Forensic Science Commission has announced the issue would be taken up at their quarterly meeting on October 5, 2018.

The blood sample was taken in northern Texas during the DWI investigation. It was sent by law enforcement to the Department of Public Safety lab in Garland, Texas. However, due to a recent resignation, the Garland lab has been woefully understaffed. To clear the bottleneck, other labs have been testing samples in order to help the Garland lab catch up.

In this case, after the Houston lab completed the test the sample was intended to be returned to the Garland lab. There, the results of the testing would be forwarded to the arresting officers in northern Texas. Instead, the results were mailed to a criminal defense attorney in Houston that was entirely unrelated to the case.

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 Posted on September 09, 2018 in Uncategorized

Micaya White, a standout on the University of Texas Volleyball team, will finally get her day in court to dispute driving while intoxicated charges stemming from a 2017 arrest. The trial is scheduled to begin on January 14 of next year.

White, the 2018 Big 12 Preseason Player of the Year, was arrested on the evening of March 18, 2017, on suspicion of DWI. According to the police report, White was pulled over by law enforcement for following another vehicle too closely and driving without headlights. The arrest affidavit reflects that White admitted to drinking to shots of vodka. The report also states she failed a field sobriety test. White was charged with DWI, released on bail, and ultimately pleaded not guilty to the charge.

What to Expect During a DWI Trial

No two Houston DWI trials are ever exactly the same, but they all follow the same general format. Both your defense attorney and the prosecutor will have a chance to present their arguments to a jury of your peers. A judge will hear the case and resolve any disputes over legal issues that might come up.

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 Posted on September 09, 2018 in Uncategorized

An off-duty Houston police officer was temporarily relieved of her duty this week after she was arrested under the suspicion of driving while intoxicated following a traffic accident. The stakes are higher for the law enforcement officer than a typical first-offense DWI however, as her 13-year-old daughter was a passenger.

Cassandra Crosby, an 11-year veteran of the Houston Police Department, was taken into custody after causing a collision at the intersection of Fondren and South Main in southwest Houston. The accident occurred on Sunday, September 9, at approximately 8 p.m.

According to court records, Crosby was the cause of a vehicle collision after illegally entering an intersection with flashing red lights in all directions. After the accident, Crosby pulled her vehicle into the parking lot of a nearby business. When patrol officers arrived and made contact with her, they allege to have detected the smell of alcohol while speaking with her. After initially claiming she had only had one or two glasses of wine, Crosby admitted that she had drunk an entire bottle before getting in her vehicle.

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 Posted on September 09, 2018 in Uncategorized

The month of August was a busy one for the Houston Police Department. In all, Houston PD arrested 54 drivers on felony charges related to alcohol. At nearly two felony DWI arrests per day, this number may seem high. However, the number of felony arrests fell compared to August of last year.

The vast majority of the DWI felony arrests were for third-offense DWI charges. However, ten of the 54 drivers were charged with DWI with a child passenger. Additionally, one person was charged with intoxicated manslaughter. Those arrested came from all walks of life, representing a broad spectrum of races and genders.

Alcohol-Related Felonies in Texas

For the most part, those charged with DWIs are first-time offenders facing misdemeanor charges. It is rare in those cases for the offenders to face any additional jail time other than at the time of their arrest. However, there are four different types of alcohol-related charges that are felonies under Texas law. They are third or subsequent DWIs, DWI with a child passenger, intoxicated assault, and intoxicated manslaughter.

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 Posted on September 09, 2018 in Uncategorized

Earlier this summer a Harris County Sheriff's deputy was arrested on suspicion of DWI when she drove her car into wet cement. According to reports, the deputy was driving at approximately 11 PM on a Tuesday evening when she ran through construction barrels. She was able to drive the vehicle more than 100 feet before it became lodged in the wet cement. A forklift was required to remove the deputy's vehicle from the construction zone after she was able to get out. The estimated cost of the damage caused by the accident is approximately $2 million dollars.

The deputy was arrested for her second DWI when she failed a field sobriety test. She later admitted in court that she had consumed at least four large beers before getting into her vehicle that night. In addition to criminal charges for her second DWI, the deputy can also face criminal charges for property damage caused by the accident.

DWI Accidents Causing Property Damage

DWIs are taken very seriously in Texas. The stakes can become even greater when a DWI involves an accident. When a DWI accident causes property damage, drivers can face criminal charges in addition to those for DWI. Possible charges can include reckless damage and criminal mischief.

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 Posted on September 09, 2018 in Uncategorized

In Montgomery County, the District Attorney's Office refers the stretch of time between Memorial Day and Labor Day as the "100 Deadliest Days of Summer." Why? More drivers tend to get behind the wheel while intoxicated during the summer months. In an effort to keep the public safe, the DA's office works with local law enforcement to crack down on DWI and BWI offenders. This past summer, 982 DWI arrests were made in Montgomery County during these 100 deadliest days. That's nearly 10 DWI arrests every day.

Breakdown of DWI Arrests in Montgomery County TX

Police in Montgomery County were busy this past summer. According to reports, most arrests made during the 100 Deadliest Days of Summer affected first-time DWI offenders. In fact, two-thirds of all arrests were for first-time DWIs. Sixteen percent of arrests were for second-time DWIs, while nearly 10 percent were for a third or subsequent DWI.

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