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Mimi Coffey DWI/Criminal Defense Lawyer Credentials

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Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks and is a national and state-wide lecturer on the law. She is also a Regent with the NCDD. Furthermore, She is the chairman of the NCDD Forensics Committee. She is the founder of The Coffey Firm. With offices in both Dallas and Tarrant Counties, The Coffey Firm serves the entire metroplex.

Mimi has appeared as a legal commentator for CNNNational Fox News, and local Dallas/Fort Worth stations on DWI-related stories. She is also a frequent speaker at both national and state-wide seminars on DWI Defense and other topics. Mimi is an experienced attorney with a proven trial record (over 300 cases, with 80% of them being jury trials). Her successes include everything from .21 breath tests, blood tests to 3 car accident cases.

Mimi’s DWI Defense case law

Mimi’s cases have also made excellent case law for the State of Texas. She even sued the Texas Department of Public Safety in federal court on the Texas DPS surcharge program. She has won the President’s Heart of a Champion Award from the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. Mimi also led the effort to get the Texas Board of Legal Specialization to recognize the NCDD’s DWI Certification. Mimi has been active over 4 legislative sessions in fighting against bad DWI laws. Her efforts prevented the breath/blood test refusal as being a separate crime. She has also argued for true deferred adjudication for DWI.

State Representative Charlie Geren passed Mimi’s bill that entitles citizens accused to a copy of their DWI video tape, previously forbidden by law. Mimi has four (national) and six (Texas) published DWI related articles. She is the author of Texas DWI Defense published by Lawyers and Judges Publishing, now in its second edition.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Mimi Coffey is Board Certified in DWI Defense by the NCDD.

Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD, who has been practicing for over 24 years and is an author of multiple DWI Defense textbooks and is a national and state-wide lecturer on the law. Mimi has been a speaker on DWI in many states across the country including Arizona, Louisiana, Missouri, Idaho, Nevada and Florida. Furthermore, Her passion for educating other lawyers dates back to 1999. Finally, She literally wrote Texas’ DWI Defense textbook, and the 2nd edition came out in 2018.

Mimi Coffey DWI Lawyer, Mimi Coffey Teaching

Texas DWI Authority (frequent lecturer on DWI)

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

NCDD Regent, Mimi Coffey

NCDD logo

Mimi Coffey is a Regent of the NCDD (National College for DUI Defense). She wrote the DWI textbook: Texas DWI Defense and has 4 national & 6 statewide articles published on DWI/DWI related issues. Also, Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD, who has been practicing for over 24 years and is an author of multiple DWI Defense textbooks and is a national and state-wide lecturer on the law. In addition, She is also the chair of the forensic committee for the NCDD. The committee tracks the progress and advocates for changes in forensic science to ensure clarification of forensic terms. Importantly, this clarification helps not only DWI Defense Attorneys, but also Prosecutors, other Criminal Defense attorneys and the general public.

In this video, Mimi introduces herself and the work that the Forensic Committee of the NCDD performs. She also comments on the current discussions going on by the National Commission on Forensic Science. One such discussion involves the push to define the measurement of uncertainty and how to report uncertainty. Mimi and the rest of the committee take pride in keeping its members and the general public updated on the current development in forensic science.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI’s Emotional Aspects

How it feels to have a DWI is something critically important to understand for anyone dealing with a person who has been arrested, whether that be for a family member, employer, etc. The amount arrests for a DWI every year is similar to the number of people diagnosed with cancer (approx. 1.4 million, although this number has been decreasing). A Top DWI Lawyer helps everyone by understanding what a DWI arrest feels like with true respect and empathy.

dwi

1. Trauma

Unlike with most other crimes, DWI arrestees did not set out to perpetrate a crime on society. This is a very important distinction.  People who get DWIs feel tremendous remorse and shame at the title “DWI” because they would never intentionally hurt someone. For most, it was an occasion of social drinking which ended in an arrest. The mere thought of being lumped in a category of causing intentional harm to others is a terrorizing feeling which humiliates people accused of DWI.

All it takes is the combination of alcohol and a small, innocuous traffic violation to find one’s self accused with the scarlet letters. An arrest is similar to an injury. At first there is shock. Then there is pain. Many people lose their jobs, their insurance, and some even lose friends and family (divorce, custody, etc.). Then comes the fear of the unknown while anxiously waiting for the legal process to unravel. No one punctures a lung and immediately heals. There is a diagnosis, medical intervention, and recovery.

Once a person gets arrested for a DWI, it is everyone’s job to recognize that they need understanding and unconditional support.  For example, a teacher doesn’t lose the ability to teach because of a DWI arrest. Their students need them to teach. The teacher needs understanding from the administration. This crisis is not one which involved any intent to commit a crime or harm. Everyone makes mistakes. It is therefore everyone’s obligation to extend the same courtesy, respect and understanding to others who commit a mistake. DWIs are typically mistakes of error, miscalculation and or oversight.  We help everyone when we give compassion and empathy to those accused of DWI.

2. Recovery

When people have a heart attack, most don’t see it coming. They suddenly find themselves in trauma. If lucky, they are able to recover at some point. The same thing applies for a DWI. If you ask anyone who has ever received a DWI if they predicted an arrest, they will tell you no. We don’t punish people before crimes occur. Much like an athlete who has surgery and returns to play, it our job as a caring society to ensure that those accused become productive again.

I would advise anyone who has a DWI charge to immediately seek a substance abuse evaluation and complete the recommended courses. It is important to take productive measures. Simple steps such as talking to a grief counselor or attending AA meetings are steps forward in a positive direction. It is important to stay focused on improving the circumstances. Recovery requires time, resources and commitment. Hiring a Top DWI Lawyer is a good first step in the recovery process from a DWI, but it is not the only step.

3. Be realistic.

No patient wants to hear their doctor tell them that their initial lab test results were wrong. Figuring out the facts, technical issues, strategy and options takes time. It is simply not possible to walk into a DWI Lawyer’s office and expect to know exactly what will happen at an initial consultation. Hiring a Top DWI Lawyer is a good move, but it is just the first step. It is vitally important to be stay focused on daily life: one’s job, one’s family, moving towards one’s goals. Keeping an optimistic attitude and following the advice of one’s lawyer is critical step towards recovering from a DWI.

Personal note:  I have been representing citizens accused of DWI for 23 years. It is a great privilege to help people as they are going through one of the most challenging times of their lives. I think it is critical to address not just the legal issues, but to do everything I can to personally counsel, support and encourage my clients.  I am inspired by the employers, friends, family members and who do the same. If you are going through a DWI, hang in there!  It will get better and you will be OK! Stay strong! – Mimi Coffey

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI Repercussions on Driver’s Education

DWI Repercussion may prevent a parent from teaching his child

Getting a driver’s license is a major life milestone. Many see it as a right of passage in a person’s life. But there are repercussions if a parent has a DWI.

Signing off as a parent “instructor” for a person’s driver’s license involves many hours. Having a DPS agent tell your child they are ineligible for a license because of your prior DWI is embarrassing. Not to mention, a rejected driver’s license application because of this wastes many precious hours. Many teenagers are turning to their parents in modern times to satisfy the driver’s education requirement for a driver’s license. A DWI conviction or ALR suspension can prevent a person from qualifying as an “instructor” for parent taught driver’s education. The Texas Department of Licensing and Regulation (TDLR) now regulates parent-taught driver’s education, instead of the Department of Public Safety.

As a DWI repercussion, the regulations state that the student’s parent, step-parent, grandparent, step-grandparent, foster parent or legal guardian appointed by a court does not qualify if they have not had a valid driver’s license in the past 3 years (e.g. an ALR suspension) or a DWI in the last 7 years. You will save yourself time and trouble by enrolling your student driver in a formal driver’s education course. Or, you could designate someone else who qualifies. For qualifications see: https://www.tdlr.texas.gov/driver/parenttaughtreqs.htm#instructor. Although this is a very unfair action penalizing the student driver, it is the law. It is also very helpful to know the other requirements to qualify as an instructor for parent driver education. For example, not having too many ‘points’ on your diving record.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Involuntary Intoxication: Texans Be Aware That The Law is Not Helpful

involuntary intoxication

A DWI by drugging – one’s worst nightmare….

“I no longer knew what was real and what wasn’t. The lines between reality and delusion had become so blurred.” ― A.B. Shepherd, The Beacon

This is what has happened to judges in courts across Texas when it comes to DWI charges.  The government created the penal code to punish crime and thereby deter others from committing the same crime.  Most crimes involve people making bad moral choices, choices that hurt others.  Most crimes involve intent to commit the crime. The law recognizes we cannot punish people for actions they did not or could not have intended.  That is why we have defenses that include mistake of fact, mistake of law, duress, entrapment, self defense, and necessity to name a few.  Yet, Texas courts have rejected the defenses for involuntary intoxication

How Texas treats involuntary intoxication

Texas addresses intoxication, the culpability state, in penal code §8.04 (a). Voluntary intoxication does not constitute a defense to the commission of crime.  From this Texas courts have determined that DWI requires no intent to commit the crime. But, they have expounded on this principal to the non-logical extreme to preclude any defense to DWI.   This is wrong, it ignores principals of actus reus and automatism.  Getting “voluntarily intoxicated” can’t be a defense to DWI. The act of driving while intoxicated assumes intoxication.  But what if your intoxication was NOT voluntary? what then? This is where the judicial delusions begin.

In Brown v. State, 2009 WL 3853859 (Tex. App.- Fort Worth, 2009, reh. Denied), the Court said an involuntary intoxication defense would NEVER be available in a DWI case as there is no intent to commit a DWI requisite to a conviction. Thus, since there is no mental culpability rule, all DWI scenarios are fair game for conviction. In Brown, the defendant had two drinks before bed, woke up and took Ambien instead of his blood pressure pills. The judge denied the jury from determining the issue of “involuntary intoxication.”

The highest appellate criminal court in Texas recently agreed with the Brown court outcome on similar facts in Farmer v. State, 411 S.W.3d 901 (Tex. Crim. App. 2013) where Farmer ingested an Ambien his wife set out in place of his normal pills. Here, the Court states that the argument of ‘voluntary act’ (lack of actus reus) was improper and that it should have been a defense of “involuntary intoxication” argued (which the Texas courts in countless decisions has stated does not exist) and gave no grounds of relief. Yes, legal running in circles to get the end result: a DWI conviction.

“Slipped a mickie” cases

Just as troubling are the “slipped a mickie” in the drink cases.  In Bearden v. State, 2000 WL 19638 (Tex. App. –Houston [1st Dist.] 2000), the defendant testified that someone had slipped something in his drink. The court did not allow the jury to judge the credibility of the defense and its merits. The Court reasoned the legislature had not included a culpable mental state in the definition of DWI.

In McKinnon v. State, 709 S.W.2d 805 (Tex. App.-Fort Worth, 1986) with similar facts, the Court blamed the defendant. The judge disallowed the defense because she did not prove the who, what, and how of the drugging. This begs the dangerous reality that when people do have their drinks drugged, which is an unfortunate situation not all too uncommon, the perpetrators do not generally make neon light confessions to the act before, while or after they do it.

What is even more troubling, is that GHB leaves the body in less than 12 hours making it near impossible to prove drugging as the defendant is rarely bonded out in this time. Texas courts have also attempted to rule out in the “automatism” defense using the same flawed logic. In Nelson v. State, 149 S.W.3d 206 (Tex. App.-Fort Worth 2004), the court ruled that automatism, “engaging in what would otherwise be criminal conduct if done in a state of unconsciousness or semi-consciousness” falls within the insanity defense where it does not apply to DWI due to no mental state or intent being a part of the proscribed conductThus in a convenient one fell swoop, the court rejects automatism without ever addressing its merits which has nothing to do with the insanity defense.   

Other States

Although the insanity of MADD pressure on elected politicians has contributed to this type of agenda based decision making, other states have set great examples in the area of “involuntary intoxication.” California in People v. Holloway, 164 Cal. App. 4th (2008),  declared “No sufficient reason can be given for punishing those who have become drunk through unavoidable accident, or through an honest mistake.” In this  case the defendant was  “sleep driving” due to a medication he took while unconscious due to its effects.

The Georgia Court of Appeals held in Colon v. State, 256 Ga. App. 505 (2002),  a GHB poisoning case,  the ultimate merit of an involuntary intoxication defense goes  to the jury once the defendant has proven by a preponderance of the evidence the “involuntary intoxication must render the person incapable of distinguishing from right or wrong and must be attributable to consumption of a substance through excusable ignorance or the coercion, fraud, artifice, or contrivance of another.”

Thomas Jefferson said, “Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”  It does not take a law degree to know that prosecuting, much less convicting, someone of DWI who is a victim of drugging or taking the wrong medication violates all moral boundaries. Sure, where there is a question of whether the involuntary intoxication defense is legitimate is a question to decide on a case by case basis that should be left to the jury or trial judge for its merits.

Appellate Courts are Wrong to Twist Logic

For appellate courts to twist logic and legal semantics to prevent such defenses from its citizenry is wrong. DWI enforcement all the way up to the highest court in Texas has turned into a witch hunt when victims have no redress.  It is time we get back to basic justice in the world of DWI.  Mark Twain said, “Always do what is right. It will gratify half of mankind and astound the other”.  Texas judges, bring back the involuntary intoxication defense, to do otherwise is no different than supporting corruption.  The primary goal of DWI punishment is preventing victims. Yet, when those victims have become intoxicated through no reasonable fault of their own, Texas courts have turned their back. This is hypocrisy in the name of blind allegiance to zero tolerance not justice.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Three Ways A DWI Can Negatively Affect You

One of my favorite lines is “I don’t trust anyone who has not had a DWI”. Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, “People who need people, are the luckiest people in the world” is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with:

Foreign Exchange Student Sponsorship

First, you can’t host a foreign exchange student for 5 years from the conviction. Yes, shocker. Several years ago, my third son asked that we host a German exchange student at our high school because his host family was not working out. Without even thinking, I said “Sure.” Yet, when they found out my husband had a DWI conviction they rejected us. Our German son was already living with us and was very happy. It took a Judge writing to the State Department to overturn their decision.

It was a very scary moment in our lives that made no sense. Here we had a loving family providing a warm, happy home to a young, German future leader (all foreign exchange students build bridges of cultural diplomacy with positive ramifications between countries for years to come), and yet for no good reason the federal government was trying to use my husband’s DWI as an excuse to bar us from hosting. My husband’s DWI involved no children in the car, no breath or blood level (but a confession), no accident (he turned against a “no turn” sign), no prior criminal history and yet the State Department thought he was not fit to host a child?

 

Possible Deportation upon DWI Conviction

Next, if you have a green card (“Permanent Resident”) and receive a DWI conviction, finalizing the process and becoming a citizen is difficult. I am not an immigration lawyer (if you are in this situation, you should also consult with an immigration attorney), but recently INS has been delaying the process for some permanent residents to become citizens for five years. This of course, can always change.

For those who do not have any legal status, expect deportation immediately upon a jail or probation sentence. In the larger counties that I practice in, the police are calling INS for immediate deportation once booked for DWI.  Texas Senator John Cornyn has already introduced legislation for deportation upon a first DWI conviction, which did not pass. However, federal policies on DWI and deportation are constantly changing and becoming more strenuous. What can be done in each situation is unique according to the jurisdiction and people involved (prosecutors and judges vary on their approaches).

 

Concealed Carry License

Mimi Coffey DWI Lawyer, UCW

Finally, if you have a DWI conviction, you will lose your concealed handgun carry license in Texas. This occurs even if you did not have a handgun in your possession on the DWI. If you receive a DWI and possess a gun in the vehicle, you will receive a second misdemeanor charge of Unlawfully Carrying a Weapon. The current law bars your ability from obtaining a concealed carry permit for 5 years with a DWI conviction.

 

Other Effects of a DWI

Mimi Coffey DWI Lawyer, Stress

In addition, there are far too many negative consequences that accompany a DWI conviction to list. Therefore, the Texas DWI repercussions should be carefully considered before a case is finalized. These additional consequences include Texas DPS surcharges, increased insurance rates, banned travel to Canada, divorce, alienation from family, friends and sometimes community.

Perhaps the biggest problem for many working-class clients is the potential lifetime loss of a Commercial Driver’s License (CDL). The depression, shock, and anxiety are intense and can become clinical and the risk of suicide is real. If you are suffering from these symptoms please, please make sure to seek professional help. I am also here to help you. I want to know if you are suffering. This is very important to me so that I can help you. One day, this DWI will be a blip in your rear-view mirror that eventually goes out of sight. Right after it happens, it is the giant object on every rear view and side view mirror as you navigate through life. You are not alone. Be strong, all of us make mistakes.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Lying Witnesses: The Shabby State of Criminal Justice in our Country

Examples of Lying Expert Witnesses

Mark Fuhrman

Mark Fuhrman, convicted of a felony perjury, is now a national Fox legal analyst, an “expert witness” on police matters. Last week, the 6th Circuit Court of Appeals in Cincinnati, Ohio, ruled “Dr.” James Ferguson, a state toxicologist, convicted of perjury, was immune from suit for lying in a murder case where the judge relied on his expert witness testimony for the conviction.

Fred Zain

Fred Zain, toxicologist at the West Virginia DPS, falsified lab results which resulted in as many as 134 wrongful convictions. Once under investigation, he picked up and moved to San Antonio, Texas to work as a toxicologist where an investigation found at least 180 cases in which fraud may have led to wrongful convictions. He died in the comforts of his Florida home in 2002.

 

Annie Dookhan

In Boston, Massachusetts, over 34,000 lab results are in question after state toxicologist Annie Dookhan pled guilty to falsifying results. These cases are the recent ones. They are only the tip of the iceberg. If an athlete is caught cheating in the Olympics, the committee strips them of their medal and the opportunity to compete. In the criminal courts of America, if a police officer or expert witness is lying to get a conviction, they get promoted and receive raises. If caught in a lie, the Courts protect them. The 6th Circuit Court rationalized, “Dr. Ferguson deserves absolute immunity in the case because all testimony, even if perjured, is protected to ensure witnesses will be candid without fearing lawsuit.”


The Immunity for Lying Witnesses

Mind you, this absolute immunity protection ONLY applies to government witnesses. It‘s the same type of logic as preventing poisoned customers from suing a chef because this would stifle the chef’s creativity in the kitchen. How many chefs would poison patrons? An illegal and unlikely scenario as restaurants would shut down and there would be health code compliance complaints. These safeguards do not play out in the criminal justice system. As a result, convictions win elections, including in the appellate arena, and look great in the media. Those successful earn job promotions.

As for a forensic regulatory body, NONE with any regulatory powers over the criminal justice system exist. President Obama created first National Commission on Forensic Science. But, President Trump recently dismantled the Commission. We currently have a scandal ridden “pay as you go” certifying agency environment. This environment allows groups like the American Crime Lab Directors (under major fire and litigation) to issue board certifications and certificates for a fee despite not adhering to scientific peer review recommendations.

Let’s face it, nobody wants to hear of lying witnesses, especially government “experts,” who have managed to defy all the common sense odds and get away with convicting innocent people with the seeming approval of all the cogs in the justice system from the prosecutor to the judge.  So, the only way to calm the ruckus down is to distract and “whitewash” the problem.

The specific examples

In James Ferguson’s case, the media reported he had misreported his graduation year of 1988 for 1972. Sounds harmless enough, right? Except, this fails to account for the fundamental problems lurking under the surface. The fact that it took Mr. Ferguson twenty five years to get his degree also explains why he could not produce the gc-mass spectometry chromatograms (if in fact he even knows how to run a gas chromatograph) in Benjamin Uselton’s case alleging intoxicating dosages of alprazolam. There, the coroner, a phD, had already reported the absence of such findings in the original autopsy. Mr. Ferguson’s unconventional scientific methods were also key in Virginia LeFever’s murder conviction. There, he asserted the deceased had lethal dosages of strychnine in his rectum. He made this claim despite reports to the contrary by medical personnel who treated the deceased at the hospital for an antidepressant overdose.

While a special panel of lawyers, scientists and West Virginia Senior Circuit Judge James Holliday were investigating Fred Zain’s misconduct, he managed to hoodwink Bexar County, Texas into letting him take over their toxicology. The West Virginia report, when finally issued, concluded this misconduct was so egregious that they presumed “as prima facie invalid, unreliable and inadmissible” any testimony he offered.

In Annie Dookhan’s case, she was too busy churning out guilty convictions for her satisfied prosecutors and supervisors to acknowledge that her 500 lab analysis per month (five times the national average) was a glaring red flag. They also glossed over the fact no one had ever seen her work a microscope. She also had a bad habit of misidentifying samples.  It seems she subscribed to, “A little inaccuracy sometimes saves tons of explanations.” (Saki)

Lying witnesses will continue unless the system changes

As incredulous as these sordid tales of lying witnesses are, the aftermath is even uglier. They will continue to happen unless we take decisive measures. It took drug testing in the major league sports to prevent cheating. The “honor” system was not working, ask Alex Rodriguez. In addition, the Tour de France can reclaim the seven Tour de France medals Lance Armstrong won while taking performance enhancement drugs. But, a lying “expert witness” cannot restore the years lost to prison of someone framed by an uncaring and negligent justice system that turns a blind eye.

“For every good reason there is to lie, there is a better reason to tell the truth” – Bo Bennett.

That reason should be the fear of repercussions. If a person can have their probation revoked for something as simple as missing a report period or failing to take required classes, we should require our government “experts” to prove their worth and work.  It’s one thing for a charlatan preacher or carnival barker to line their pockets. It is a whole other to allow unqualified and unethical government “experts” to play God.

A road map

Here is a simple and common sense roadmap that doesn’t take a college genius to figure out. We must start off with safeguarding the integrity of our country’s justice system.

First

We must separate police work and its prosecution from toxicology. The only bodies that scientists should be reporting to are other legitimate scientific bodies. Currently, much police miscegenation occurs, right down to the divvying and mixing up of funds and paychecks. The government should receive Forensic results, not controlled by the police or prosecution. The Virginia LeFever murder conviction demonstrates where the prosecutor told James Ferguson what they were looking for despite the coroner’s findings.

Second

Although ethics is the new corporate “it” word, it seems to be staggering behind in the world of the police state.  We must make it an essential minimum and reality in the HR of government personnel hiring. Proper screening of candidates and reference checking should be mandatory and commonplace. Our government experts should not only prove the highest academic credentials. They must also have character beyond reproach. Their opinions don’t favor the highest bidder of a government contract or the buying power of widgets. They affect the value and experience of human life, a far more precious commodity and one that our Constitution protects. Therefore, experts must have a character honesty, meticulousness, and trustworthiness. 

Third

We must not “trust” that local governments can ferret out frauds. We need uniform and consistent national standards, protocols, and mandatory continued professional education. Lawyers, accountants, doctors, and other professionals have such requirements to keep up with developments in their fields. We should also subject experts to national certifications testing their skill before they can practice.  The time has come where enough shame and disgust can propel us forward to reclaim what in theory should be the world’s best justice system, but is currently a far cry.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

How I got into DWI Defense

DWI Defense
Ft. Worth Star Telegram article

I have been in love with defending DWI cases since I first started practicing law. When I graduated law school, I had no clue that I would become a board certified lawyer in DWI. As a brand new lawyer I handled court appointed cases. This turned into a job with the biggest criminal defense practice of the metroplex at the time back in 1995, Bailey and Galyen. I was responsible for half the firm’s Tarrant County misdemeanor docket, which was comprised of DWIs.

I knew early on that being a criminal defense lawyer was not enough to win DWI cases. So after reading an article on the problems with the Intoxilyzer 5000 by Dr. James Booker, I reached out to him to teach me. He was a true source of knowledge and inspiration for many years. I became fascinated by the fact that the standardized field sobriety tests police officers use do not legitimate science to back it up. A great scientific peer review study by Dr. Spurgeon Cole outlines these issues as well as the federal determination of the same in the Horn case. Delving into the complexities of infrared spectroscopy in breath testing was fun due to my scientific undergraduate requirements in geology (more hours in my minor Geology than my major).

Cowtown CLE

Being a young lawyer, I wanted to learn from the best so I contacted many of the best DWI trial lawyers at the time and invited them to speak at a Tarrant County Criminal Defense CLE. I had so much fun, that I decided to do it on a large scale. I started my own seminar company, Cowtown CLE. It was so successful that for two years in a row, my one-day DWI seminar had the most attendees. I had renown DWI lawyers teach. I was able to educate myself and a lot of lawyers in DWI. Once the Texas Criminal Defense Lawyers Association started throwing the same seminar (in the same location and at the same time), I was happy to forego my seminar to help the state organization.

Since then, I have become published in DWI, both periodicals and a textbook. I have also spoken many times over the years on DWI all across the country. I have also provided national news commentary (on DWI and other criminal issues). Over the last 23 years, I have had over 300 DWI trials and thousands of negotiated DWI pleas. It is a true joy to go to work every day. I feel blessed with each opportunity to help someone accused of DWI.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

DWI Dismissal & Obstruction of the Highway

Mimi Coffey DWI Lawyer, DWI Dismissal, Obstruction

After a Texas DWI arrest, you are probably asking yourself the following questions:

  • Can I get my DWI dismissed? If so, how? How likely is dismissal of my DWI?
  • I have heard of people reducing their DWI cases to “obstruction of a highway”. What is “obstruction of a highway?” How likely is it to get an “obstruction of a highway?”
  • Will a DWI conviction be on my record forever?

At the Coffey Firm, we believe in straight talk. Mimi does not advertise “DWI dismissals” or “DWI reduced to Obstruction” for the following reasons:

  • Very few DWI cases result in DWI dismissals. A check with the county clerk in any county will confirm this. The percentage of DWI cases resulting in dismissal to the those resulting in conviction are very few. The numbers vary from county to county and are dependent on a host of factors. The Coffey Firm does get dismissals and reductions but these are very fact and case dependent. No one result of a particular case is any indicator of the probability of another case’s disposition.
  • Every DWI case stands on its own. It is not possible to “hear the circumstances” of a DWI case and assess its outcome. With every DWI, a full case review is necessary to determine the best course of action. A full blown case analysis includes discussing the facts as it relates to both sides, going over the police report and videos, and ascertaining the legalities of the situation. Also, to understanding the people and policies involved of the judge and prosecutor.
  • There are a host of possibilities that may occur when one moves forward for a trial or motion. These possibilities include options that would never occur in a plea bargain. We are happy to discuss these with you when you retain us to represent you on your case.

Obstruction of a Highway

Obstruction of a highway or passageway is a Class B misdemeanor. The implications in a DWI context is to reach a settlement of the DWI case to avoid a DWI conviction. Most people are desirous of avoiding a DWI conviction. It is important to note that many DWIs do not receive this option. What this means, how it looks, and the implications and conditions of an obstruction of a highway are something we look forward to discussing with you, should it occur, in the representation of your case. It is important to note that there are distinct advantages to having your case reduced to an obstruction of a highway.

Will a DWI Dismissal stay on my record permanently?

Sealing your DWI Dismissal

The answer to that case use to be yes subject to a pardon by the Governor. Now the answer is a very complex one depending on your past arrest records and the facts of your DWI situation. Once we have resolved your case, we can then determine your eligibility for any options that involve sealing or expunging your record.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to seal your record or avoid probation revocation.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.