We're You Arrested
for Drunk Driving?
DWI / DUI
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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 |
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Lubbock, Texas Defense Attorneys
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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:
 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.
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.
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.
Detaining a driver
longer than is reasonable to investigate. The constitution does
not allow officers to hold you without limit.
Stopping a vehicle
without an articulable suspicion. An officer can not stop you just
because he thinks you are suspicious.
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.
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.
Stopping a vehicle
based on a misperceived violation of a law. The officer must be
right about his interpretation of the law.
Stopping a vehicle
for an improper sign. Street signs and lane markings must comply
with Texas law.
Failing to follow the
rules of the Department of Public Safety, Breath Testing Manual.
These failures may invalidate any alcohol testing.
Stopping at an
improper roadblock. There are guidelines that must be followed to
validate the stop.
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.
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.
Stopping a vehicle
for no reason at all. It's done. Officers usually do not show up
in Court on these.
Blocking a vehicle's
exit without justification. Officers may not restrict a drivers
freedom to leave without a reason. |
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Boatwright & Hamilton,
LLP |
| Attorneys At Law |
|
1005 Broadway
Lubbock, Texas 79401
| (806)
747-8002 |
|
Office |
| (806)
747-8110 |
|
Fax |
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Nicky Boatwright and Stephen Hamilton are Criminal Defense
Trail Attorney's in the state of Texas covering
Amarillo, Canyon, Andrews, Abernathy, Acuff, Amherst,
Anton, Arnett, Bledsoe, Brownfield, Cotton Center,
Crosbyton, Dickens, Floydada, Hale Center, Idalou, Lamesa,
Levelland, Littlefield, Lockney, Loop, Lorenzo, Lubbock,
Meadow, Morton, Muleshoe, New Deal, New Home, O'Donnell,
Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom
Canyon, Shallowater, Slaton, Smyer, Tahoka, Wolfforth,
Seminole, Tulia, Midland, Odessa. |
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Consultation Payment Plans Available
Major Credit Cards Accepted
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Reproduction of any material on this site without written permission is strictly prohibited.
© Copyright 1997-2005 BLS 2007
Boatwright & Hamilton Attorneys At Law. All Rights Reserved. |
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