Federal Probation Revocation due to DWI – Case Dismissed
Client was on federal probation when he was arrested for DWI by Harris County Constable's Office, Precinct 1. Was able to get DWI case dismissed. The United States Attorney's office along with the United States Probation Office filed a motion to revoke his federal probation due to the arrest. The burden of proof for convicting someone of a crime is beyond a reasonable doubt, whereas the burden of proof for revoking a probation is a much lower standard of evidence—by a preponderance of the evidence (51% or more). During the hearing on the motion to revoke probation, we cross-examined the arresting deputy constable from Precinct 1 who arrested our client. We were able to demonstrate that the officer's opinion of intoxication was not only subjective, but also unreliable due to his poor administration of the standardized field sobriety exercises. Judge gave client's clues on the field sobriety exercises no weight, and denied the Federal government's motion to revoke our clients probation.