Criminal Defense Lawyer Lubbock Texas STEPHEN L. HAMILTON, P.C.
Attorney At Law
 

We're You Arrested
for Drunk Driving?
DWI / DUI
"We Can Help"
Jail Release
806-794-0DWI


 
        DWI Facts

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? 
DWI

What Can I Do to
Save My License?
 

Fight to save your license! If you drive after losing your license, you face substantial penalties.


What Happens After
A DWI / DUI Arrest?
 

There are usually both Motor Vehicle and Court Proceedings.


Lawyer Mistakes 

The Top 10 Mistakes Attorney's make in Drunk Driving Cases

How To Avoid Them


   
 

Lubbock, Texas Defense Attorneys

Driving Under the Influence (DUI) / Driving While Intoxicated (DWI) Mistakes the police can make and how this can help you in your DWI / DUI defense.

Mistakes the police can make on a DWI / DUI in the State of Texas:

Driving Under the Influence DUI, Driving While Intoxicated DWI Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller.

Driving Under the Influence DUI, Driving While Intoxicated DWI Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.

Driving Under the Influence DUI, Driving While Intoxicated DWI Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.

Driving Under the Influence DUI, Driving While Intoxicated DWI Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.

Driving Under the Influence DUI Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious.

Driving Under the Influence DUI Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.

Driving Under the Influence DUI Weaving within a lane. The statute only requires you to drive as nearly as is practicable within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.

Driving While Intoxicated DWI Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.

Driving While Intoxicated DWI Stopping a vehicle for an improper sign. Street signs and lane markings must comply with Texas law.

Driving While Intoxicated DWI Failing to follow the rules of the Department of Public Safety, Breath Testing Manual. These failures may invalidate any alcohol testing.

Driving While Intoxicated DWI Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.

DUI DWI Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.

DUI DWI Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction. Officers must be able to convince the Court that they stopped the right car.

DUI DWI Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.

DUI DWI Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.


Stephen L. Hamilton, P.C.
Attorney At Law

802 Main Street
Lubbock, TX 79401

Phone (806) 794-0DWI
Fax (888) 595-5578

TOLL FREE 1-888-DWI-LUBBOCK


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