DUITX DWI News
Texas DWI for El Paso Man Who Caused Serious Accident
Man struck back of trailer causing the other vehicle to flip over.
El Paso Sheriff's Department deputies have arrested a man a man who caused a serious accident, and charged him with driving while intoxicated in Texas. Deni Aaron Salas-Torres was reportedly driving a 1995 Geo Prism westbound on Interstate 10 at a high rate of speed around 4:00 am Saturday. He struck the back end of a trailer being hauled by a 2001 Dodge Durango, causing the Durango to swerve and hit a concrete barrier. The trailer then detached from the vehicle and the Durango flipped about four times before coming to a rest.
Both people in the Durango and a passenger in Salas-Torres' vehicle were taken to a local hospital with serious injuries.
Have you been charged with TX DWI?
Filed in DUI Related | Texas DUI | Permalink | Comments (0)
Houston Texan Football Player to Enter DWI Diversion Program
Jacoby Jones had been arrested for DWI in Houston.
Wide receiver for the NFL Houston Texans Jacoby Jones is due in court this morning and he is expected to enter a guilty plea to driving while intoxicated in TX. As part of a plea agreement, Jones with enter the DIVERT program for one year. The special program set up by the Harris County District Attorney's office allows qualifying defendants who have been charged with DWI in Houston to plead guilty and then have the case expunged after one year if stringent conditions are met. The defendant would be required to enter alcohol education classes and install an ignition interlock device on their vehicle. In some cases, the defendant must wear an alcohol detecting bracelet and be tested regularly on a home breathalyzer.
According to the Assistant District Attorney who developed the program, 490 Texas DWI defendants have qualified for DIVERT. The program started on August 1 of this year.
Jones was arrested for suspicion of driving while intoxicated in Houston on March 16, 2008 after police found him around 3:00 am asleep behind the wheel of a late model Nissan Altima stopped in traffic. Jones reportedly registered a blood alcohol content of .135%, substantially higher than the .08% legal threshold for intoxication in Texas.
Jones was the Texans’ third round draft pick in 2007.
Have you been arrested for DWI in Houston?
Filed in Celebrity DUI | Texas DUI | Permalink | Comments (0)
Lawyer Stopped for Texas DWI on Way to Court
Defense attorney arrest for drunk driving leads to mistrial in murder case.
A judge in northeastern Texas was forced to declare a mistrial in a murder case after one of the criminal defense attorneys was arrested for driving while intoxicated. Attorney Bryan Simmons was on his way to court last Friday when he was involved in an auto accident near New Boston. His vehicle left the road and ended up in a ditch with a flat tire. Responding police charged Simmons with Texas DWI.
Simmons denies being under the influence of drugs or alcohol. He demanded a breathalyzer test which the officers did not administer. A blood sample was taken, though the results will not be known for several weeks. Simmons claims he lost control of his vehicle during a sneezing fit caused by allergies and black pepper on the catfish he had just consumed.
The murder trial was halfway through jury selection when the arrest occurred. Simmons was ordered to reimburse the county $318 it had to pay potential jury members. He apologized to the court, his law partner, his client and the murder victim’s family.
Do you need a Texas DWI attorney?
Filed in DUI Related | Texas DUI | Permalink | Comments (31)
Construction Manager for Cowboys Stadium Hit With Texas DWI
Jack Hill arrested hours after concert marking opening of the new sports venue.
The person in charge of construction of the new Dallas Cowboys football stadium was charged with Texas driving while intoxicated following a minor traffic accident. Jack Hill was leaving the $1.15 billion facility just hours after a concert headlined by George Strait when he was involved in a two vehicle collision.
Officers responding to the scene said Hill appeared to be intoxicated and slurred his words. Hill reportedly failed a field sobriety test and was booked on suspicion of drunk driving in TX. He posted a $1000 bond and was released Sunday morning.
Hill's arrest was the only DWI associated with the Saturday night concert at Cowboys Stadium. Nineteen were arrested for public intoxication during and after the concert.
The Cowboys organization said it was aware of the arrest but had no comment. Hill, 53, has been involved with several large construction projects in the Dallas area, including the Texas Rangers baseball stadium and the American Airlines Center used by the Dallas Mavericks basketball team.
Were you arrested for DWI in Texas?
Filed in DUI Related | Texas DUI | Permalink | Comments (0)
Vehicle Seizures Planned for Texas DWI
Felony offenders for drunk driving in Montgomery County TX could permanently lose their vehicles.
The Montgomery County District Attorney's office is implementing an initiative to seize vehicles owned by drivers convicted of certain felony offenses. The plan is to confiscate vehicles of drivers on a fourth felony conviction for driving while intoxicated in Texas, as well as those convicted of fleeing from police or convicted of causing an accident with serious injury of death while drag racing.
According to Texas DWI law, property used during a drunk driving offense or boating while intoxicated offense can be confiscated if the defendant has three prior convictions for the same offense. The Texas Code of Criminal Procedure also allows for seizure of vehicles in certain cases of drag racing and those who attempt to evade arrest.
The DA’s office and law enforcement agencies involved in the program will be able to either use the seized vehicles or benefit from the proceeds of a sale or auction. When property is sold, thirty percent of any proceeds will go to the DA’s office, and the remainder, minus costs associated with the seizure, will go to the law enforcement agency involved with the arrest.
There are plans to purchase mobile breath testing machines with the proceeds from vehicle seizures. The county DA hopes to be able to seize enough vehicles to fund that. Montgomery County has the highest rate of per capita arrests for drunk driving in Texas. It is estimated that there are 1000 chronic offenders for DWI in the county.
The District Attorney’s office plans 'no refusal' weekends to crack down on TX DWI offenders by using warrants to demand blood samples to test for alcohol content. Additional efforts will target drunken boaters on area lakes.
Have you been charged with DWI in Montgomery County, TX?
Filed in DUI Penalties & Fines | Texas DUI | Permalink | Comments (0)
Dallas Police Want to Expand 'No Refusal' Blood Draw for Texas DWI
Effort calls for court ordered blood samples when drunk driving is suspected.
It has been over a year since the Dallas Police Department started its controversial 'no refusal' policy for drawing blood in cases of suspected driving while intoxicated in Texas. The initiative has been used on certain holiday weekends, and utilizes warrants that require defendants to provide blood samples if they refuse to submit to breath-tests or refuse to give samples voluntarily. Due to the success of the program, the police now want to expand it to a year-round effort.
The key restriction is availability of judges to sign the court ordered warrants. Currently judges volunteer their time to be available weekends and after-hours. When a driver is stopped for suspicion of drunk driving in Dallas, Texas, the judges can sign a warrant and the suspect is taken to the Dallas County Jail where a blood sample is taken by nurses from Parkland Memorial Hospital. The sample is then tested for blood alcohol content.
To make the blood draw initiative a year round effort, judges would always have to be available to sign warrants. County jail magistrates are on duty around the clock though under current state law they are prohibited from signing 'evidentiary' search warrants. The Dallas County prosecutor sees that has a 'fluke' in the law and has been working on legislation to change the situation. Wording to clarify the types of magistrates that can sign evidentiary warrants was placed in a bill during the current Texas legislative session, but was later removed.
Texas DWI defense attorneys cite a constitutional liberty against unreasonable search and seizure of evidence, and say the forced blood draw program is being used to negate a defendant’s legal right to refuse to submit to a breath, urine or blood test. Existing state law defines situations when a blood draw is appropriate, including accidents involving injury and repeat DWI offenders. There are also questions regarding the proper drawing, handling and storage of what amounts to key evidence in a criminal case.
A Dallas County District Attorney disagrees, adding that he does not foresee any effective legal challenges being made to the blood draw initiative. The County prosecutor believes there is still time to change the law during the current state legislative session.
Do you need a Dallas DWI lawyer?
Filed in DUI Prevention | Texas DUI | Permalink | Comments (2)
Update on Texas DWI Related Laws
Texas legislature considering several anti-drunk driving bills.
(Austin Texas) – There are two Texas DWI bills being considered by the state legislature. House Bill 4061 would expand the criteria for mandatory installation of an ignition interlock device in a vehicle. The device analyzes a driver’s breath sample and disables the ignition if the blood alcohol content registers above a pre-set limit. Currently, TX DWI law requires an ignition interlock for repeat drunk driving offenders and those who register a very high BAC at the time of an arrest.
The new law would nearly double the number of motorists subject to the installation of the device by requiring an interlock for all convicted of DWI, even first time offenders. A judge will have the discretion to deem the interlock unnecessary.
The ignition interlock bill was passed unanimously yesterday by the House. Similar legislation failed in the last legislative session though there is no organized opposition to the measure this time around.
The other DWI measure being considered by the legislature would permit larger cities and highly populated counties to establish sobriety checkpoints. There is much controversy surrounding the bill, including concerns over potential abuse, racial profiling, inefficiency and a perceived police state where innocent motorists are stopped without reasonable cause. The bill was passed by the Senate by remains in House committee.
Late yesterday, one lawmaker attempted to add the sobriety checkpoint bill to major legislation on the future of the Department of Public Safety. The House parliamentarian however told the lawmaker to withdraw the amendment because it involved activities conducted by law enforcement groups other than the DPS. As a result, the sobriety checkpoint law is expected to die in committee.
Do you need to hire an Austin TX DWI lawyer?
Filed in DUI Laws | Texas DUI | Permalink | Comments (0)
Signs Marking Texas DWI Victims May Come Down
Federal law limits how long a sign can remain in place.
Last year, Texas Department of Transportation began a sign program memorializing victims of drunk drivers. The effort was intended to have a safer alternative to homemade memorials. Federal law, however, states that such signs can only remain in place for one year. That has lead families who have lost loved ones to driving while intoxicated offenses, as well as the state legislature, to take action.
The Federal Highway Administration says that permanent memorial signs are only permitted in locations with parking, such as recreation areas, rest stops and scenic overlooks. Such signs are not permitted on roadways for the safety of motorists and because of operational concerns. Families and friends of drunk driving victims say the signs are a form of remembrance and believe the signs should be left up permanently.
TxDOT says that a number of memorial signs have passed the one-year mark though there is no concerted effort to immediately remove them. Officials are now waiting until summer to see if the state legislature passes a law doubling the time the TX DWI memorials can remain in place. The bill is scheduled to be out of committee by May 11.
Do you need to hire a Texas DWI lawyer?
Filed in DUI Related | Texas DUI | Permalink | Comments (0)
Texas Legislature Considers Bill to Reduce Criminal Penalties for Veterans
Law would allow combat veterans to seek pre-trial diversion for crimes like Texas DWI.
The Texas state legislature is debating a proposed law that would allow veterans charged with a crime to seek special handling. Instead of conventional adjudication and sentencing, the veterans would be eligible for pre-trial diversion and deferred adjudication. In addition, if the veteran completes certain conditions, records of the crime would be destroyed.
The measure seeks to offer a second chance to combat veterans possibly suffering from mental illness, like post traumatic stress disorder, or a head injury. Prosecutors would have to agree to enrollment in a special program and the veteran would have to successful complete conditions of the program. Having the arrest expunged would mean the veteran would not have a criminal record, a benefit when attempting to secure housing, apply for a job and retain military benefits.
Prosecutors across the state question the law, asking whether it provides special handling of crimes like driving while intoxicated in Texas, that are not available to non-veterans with mental illness. A Texas judge, who is a veteran, rejected that attitude, saying it comes from people who have "never carried a 60-pound rucksack and an M-16 into battle."
Pre-trial diversion is already available to district attorneys and judges, though it is used sparingly. The bill's author hopes it makes prosecutors give additional thought to legal options.
Objections have also been raised to the destroying of criminal records, and the option of sealing the records has been debated. In Texas however, sealed records can be viewed by many entities, which could lead to problems in qualifying for military benefits. To complicate the issue, the military has yet to openly acknowledge potential problems with post traumatic stress disorder in veterans.
The bill was fast-tracked on a special legislative calendar until lawmakers realized it was a substantial enough change in existing Texas law to require debate by the full Senate.
Were charged with DWI in TX?
Filed in DUI Laws | Texas DUI | Permalink | Comments (0)
Texas Crime Rates Vary on Availability of Alcohol
Wet counties actually have lower numbers of Texas DWI arrests.
A review of crime and traffic data shows that counties that sell alcohol have distinct differences in crime rates and alcohol related accidents from those that don’t. Though not in the way that opponents of alcohol sales and distribution might think.
The fear that alcohol sales lead to additional crime, especially drunk driving in Texas, is basically unfounded. Based on 2007 data from the Texas Department of Public Safety and the National Highway Traffic Safety Administration, the number of arrests for driving while intoxicated in Texas was 502 per 100,000 residents in dry counties versus 445 in wet. The number of traffic fatalities involving alcohol in dry counties was 5.7 per 100,000 residents in dry counties; more than twice the 2.7 rate in wet areas.
Wet counties, however, showed a dramatic difference in domestic violence. There were 849 reports of domestic violence per 100,000 residents in wet areas compared to 482 in dry counties. Reports of increased aggravated assault were inconclusive, leading some to feel that the size of the city was more influential than the availability of alcohol.
The density of alcohol outlets was not shown to be directly associated with an increase in crime, though influential. Places permitting on-premise consumption of alcohol, like bars and restaurants, generally lead to an increase in the number of domestic abuse and aggravated assault, while off-premise establishments, like liquor stores, grocery stores and convenience stores, do not.
The mix statistics has lead law enforcement groups to promise aggressive enforcement in counties that decide to permit alcohol sales. That includes increased patrols for Texas DWI, undercover stings in establishments and coordination with the TABC in shutting down problems stores.
Are you looking for a Texas DWI lawyer?
Filed in Statistics | Texas DUI | Permalink | Comments (0)
