TEXAS Drunk Driving / DWI
Defense Information
TEXAS DWI
LAW
Why choosing the right trial
attorney makes "All the difference"
TEXAS
TRIAL ATTORNEY
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A DWI DUI IS SERIOUS BUSINESS IN TEXAS
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DWI / DUI CRIMINAL DEFENSE LAWYER
FORT WORTH, TEXAS |
DWI
Facts And Information
At
the Law Firm of Mimi Coffey, great care and preparation is taken to
investigate the many facets of a particular Texas DWI case. We review many
factors in order to comprehend what occurred, has there been an
injustice or is it a matter that the state can not meet its elements?
Texas DWI's differ in many respects from other criminal cases. For one, it
is an accusation that largely rests on opinions. What may be
intoxicated to one of us, may not be to another. Police officers are
given much power when it comes to these arrest decisions that can
remarkably alter people's lives. That is why, here at the Law Firm of
Mimi Coffey we are very interested in the source of those opinions.
What is their DWI
training?
Do they attend refresher courses on DWI
standardized field
sobriety testing? Do they know how to properly administer the tests? |
Know
Your Rights
ON DWI FACTS
Care and Preparation |
A breath test or field sobriety test does not automatically prove you guilty.
According to the federal government, accuracy of field sobriety tests are as follows:
HGN
test...................... 77%
Walk and
turn............. 68%
One leg
stand............. 65%
* at .10BAC. |
DID YOU KNOW
- Your Texas license maybe at risk of being suspended. That’s Right!
Your license suspension is AUTOMATIC.
BUT, if you
request a hearing on the issue, in writing and within 15 days after
receiving your notice of suspension from the police officer, no action
will be taken regarding suspension until after the hearing and all
appeals have occurred. If you do not request a hearing the suspension
will automatically begin on the 40th day after you received your
notice.
Evaluating
A Texas Drunk Driving DWI Case and the Deciding Factors.
In most Texas DWI cases, there are 3 pieces of evidence open to one interpretation of the law, include breath test/chemical tests ( were the regulations followed? What is the validity due to lack of regulations.). |
Police Reports:
- The police report is only the officer's interpretation.
- Were you properly read your Miranda warnings?
-
Did the police officer stop you for a valid reason?
- Were any statements made by you coerced, taken out of context, or
misinterpreted?
Important:
The Intoxilyzer 5000 assumes that everyone has the same blood breath
partition ratio, hematocrit ratio and assumes that all samples are at
an air temperature of 93.2 F. Texas DWI Law does not utilize any
methods which would allow for a retest of samples given. The
computer software is proprietary and is not available to scientific
peer review. There are many things which have been shown to
affect a breath test score. These machines are generally not
available for inspections by anyone outside of law enforcement.
Texas does not allow for non-law enforcement or government personnel
to become certified as breath test technical operators. Much of
the Texas breath program remains limited to outsiders despite a
generally assumed belief that these machines have undergone and passed
wide general scientific review.
Field Sobriety
Tests:
Police make arrests on the basis of probable cause. This is not
the same thing as "beyond reasonable doubt." It is not
a police officer's job to determine if someone is guilty. Many
police offers choose to arrest on the basis of caution.
There is much technical training for a police officer in the field of
Texas DWI Law. There is no law in Texas which states they must
keep up their training on a yearly or any other type of basis with
respect to standardized field sobriety training. Many police
officers do not make any form of notes on the side of the road with
respect to numerous details. Most police officers do not include
mitigating or exculpatory information in their reports, mainly
negative observations.
- Where there distractions during the testing?
-
Were you nervous or
tired during the testing?
If there was a video taping of the event, does it accurately depict
your true state of sobriety at the time, or was it unfairly effected
by perhaps traffic, poor lighting, noise, or lack of sound.
- What is your true balance and coordination?
- Do you have any physical disabilities that can cause false results?
MIMI COFFEY
FORT WORTH DWI
DEFENSE ATTORNEY
(817) 831- 3100 |
| Handling
cases in Tarrant County and Dallas County. |
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We're Here To Help! 24 Hours A Day...
817-831-3100
FORT WORTH DWI TRIAL ATTORNEY |
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