03 February

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Give Me a Break, “Passing Judgment”

Name: The Coffey Firm
Price range: $$$

Posted by Mimi Coffey

in Helpful Legal Information

“My religion is very simple. My religion is kindness.”

The Dalai Lama

“When I do good, I feel good. When I do bad, I feel bad. That’s my religion.”

Abraham Lincoln

“Any religion or philosophy which is not based on a respect for life is not a true religion or philosophy.”

Albert Schweitzer

“God has no religions.”

Mahatma Ghandi

“Be kind to all creatures. This is the true religion.”

Buddha

The problem with “Passing Judgment”

I can’t understand why a church would fire a minister for a DWI arrest (had a client recently fired and a chaplain put on leave). People make mistakes. A church who is living what they preach should show mercy and kindness. The very essence of Biblical teaching is to provide standards to live by, not stones to throw. Preachers pound from the pulpit “Let him who is without sin cast the first stone.”

Many people make the mistake of a DWI. Most DWIs involve no victims (people pulled over for traffic violations like speeding). No one goes out with the intent to get a DWI. DWI is more a misjudgment than bad judgment. If the President of the United States can govern the country (George W Bush) with a DWI, a minister should certainly expect mercy from their church. If not, one should consider the worth of the church to begin with.

When a person gets a DWI, it is a traumatic self-inflicted ‘gnashing of teeth’ punishment (pride, humiliation, embarrassment). Passing judgement is easy, but the most hypocritical thing a church can do is to cast them aside. It is repugnant to me that one’s church may be the last place they find forgiveness and understanding.

I would simply like to point out that churches have a very important role in society. They provide counseling and guidance to the soul for many. It is time that churches reassess blanket policies that go against their very teachings. A DWI is a mistake that anyone can make. A church should be a place one would expect forgiveness, compassion and understanding.

To conclude, a wise man (Lucius Annaeus Seneca, Roman philosopher, 4 BC A.D. 65) once said that the common people regard religion as true, by the wise as false, and by the rulers as useful. In other words, no one said that religion does not have its good uses…

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 County, DWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyers 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.

03 February

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The Biggest Misconception in DWI

Posted by Mimi Coffey

in Helpful Legal Information

The biggest misconception in DWI cases is correlating a single act of bad driving behavior with guilt. Think about the unexpected jerking of the wheel, an accident, a slight swerve or stopping too long at a stop light for example. These may very well be evidence of a driver’s inattention, not intoxication. I have analyzed thousands of DWI cases and tried over 300 during my career. What I find are prosecutors who argue that the inattentive driving behavior is clear evidence of intoxication. This is not fact. The facts are that every day drivers commit these violations due to distraction, inattention, fatigue or a host of other factors. Accidents are so common that the law mandates a driver maintain liability insurance to operate a motor vehicle.

The fact that a driver commits these with alcohol or a substance in his system is not evidence of causation. Driving even a short distance requires full and undivided attention. The fact that we all commit such blunders, as a driving population, does not mean we are all intoxicated. Recent studies have proved that lowering the alcohol level to .05 does not decrease the amount of accidents. What is important to consider in a DWI case is that driving behaviors so often associated with DWI may not in fact be the root cause of such.

Comparing sleepy driving to drunk driving is a DWI misconception

We need to clear up DWI Misconception

Judges and jurors (fact finders) must differentiate driving mishaps from life altering DWI convictions. It is more important for the prosecutor, charged with making a recommendation, to not analyze the driving behavior in isolation. Some factors to take into account are time of travel, distance traveled, and factual distractions. These factors help render a proper assessment of whether the infraction is evidence of possible intoxication or something else.

Police asses so many DWI cases under the microscope of a single driving infraction. This is short changing the citizen accused of the real question – intoxication. It is all too easy to label a DWI based on a single driving error. To do so is to avoid a full analysis of the real question at hand. There are many people who commit driving errors all the time. The key is to keep an open mind about the totality of the circumstances. This is a phrase most police officers use when testifying on a DWI case. It is imperative that no one jumps to conclusions when assessing the guilt of a citizen accused of DWI.

More about Mimi Coffey

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges. We can also try to help you 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 County, DWI 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.

29 January

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Educating the Public About Lawyer Selection

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Lawyer Selection

Paid accolades are the reason that we need to educate the public about lawyer selection

The State Bar of Texas regulates all lawyer advertising. For a lawyer to advertise a flyer, billboard, website, or other solicitation, they must pay a fee to the State Bar of Texas and adhere to the advertising and ethics rules that bind Texas lawyers. The State Bar of Texas will review the advertisement and either approve or disprove of its use. The rules are in place to protect the public from false advertising. But, the State Bar is having a hard time keeping up with cunning new ways for marketers to profit from lawyers and trick the public. The Coffey Firm prides itself on earning its titles. If our clients call us the best DWI lawyers, then that is what matters to us.

The above letter I received from the mail is an example of ‘for profit’ entrepreneurship. For $410, I can have a plaque and use a website logo calling me one of America’s “Most Feared Lawyers“. The question is by whom? Who owns this company that goes by “De Medici Ratings”? How many lawyers vote? What lawyers vote? I have received at least 2-3 other such solicitations in the mail from companies I have never heard of that, for a fee, will send me a plaque and website logo to use for advertising. All of them tout me as the best in something (such as the “Best DWI Lawyer“, etc.). This is ravenous preying upon lawyers by greedy profit mongers who want to make a buck. This is wrong. My advice to these proprietors is to get a degree, earn a reputation and tout your own worth. My advise to the public is to be knowledgeable about lawyer selection.

The National College of DUI Defense

The State Bar of Texas has board certifications that show a distinguished level of expertise in one’s subject matter. The State Bar of Texas, as well as the American Bar Association (ABA) also recognize other prominent board certifications such as the National College of DUI Defense’s (NCDD) DUI/DWI board certification. This is a true distinction of which to judge a lawyer’s credentials.

The nation’s largest DUI/DWI Defense organization, the National College of DUI Defense (NCDD), comprises of over 1800 members. They have a track record of over 20 years contributing to the public’s betterment through training public defenders and other lawyers, as well as assisting with and submitting amicus briefs to the United States Supreme Court in defense of constitutional rights for DWI arrests. Membership and positions of leadership and contributions within such organizations inform the public of a lawyer’s abilities, priorities, and respect among their peers.

“For profit” Titles and Lawyer Selection

In an age where a lawyer’s website is key in giving the public information about that lawyer and their services, many “for profit” entrepreneurs are raking lawyers over the coals by promising high search engine results for a fee. Also, many are touting fee membership to their own websites by promising referrals for certain cases. Their fees are exorbitant. Some pay-per-clicks are over $200 for popular search terms (for example: “Dallas DWI Lawyer“). All these costs are passed back down to the client through their fees. No one service can promise and deliver a constant high search engine rating and steady stream of clients (whose legitimacy is questionable under state bar rules for referrals). It is a shame how outrageous these claims and their fees are. The search engines are revamping their rules to out such pay-for-play websites.

So where does this lead the public? To start, they should realize that when viewing a lawyer’s advertising, questionable declarations (“most feared lawyer‘) exhibit the morals of that lawyer. Lawyers who contact you because you have submitted information to a website are lawyers who are desperate enough to pay for clients. Websites that are at the top of search engines may or may not represent the best lawyers (as most skilled lawyers are busy with their clients and not their websites). My advice to the public is to be smart. Great lawyers earn a reputation because of their great results (first hand from people, not what is being purported in advertising). Any criminal defense lawyer or DWI lawyer who claims to get 90% of their cases “dismissed” or “reduced” is lying. These numbers are not possible (a check with the clerk’s office of that lawyer by code and their clients will dispel such myths).

My Take on Lawyer Selection

I, for one, am doing my part of helping other lawyers and the public by not participating in such solicitations. I refuse to pay for a “title”. My accolades are all earned. I refuse to pay marketers for clients. All my advertising is my own. So for the next advertising firm that wants to spend “5 minutes” with me talking about my website, don’t waste your time. I would not hire you even if your services were free. Furthermore, all those “pay-to-play” companies trying to sell me a title or accolade should consult state bar rules. You should not be doing that. It is unfair to the public. For members of the public searching for a lawyer in earnest- I hope you have become enlightened. Also, I hope you will not perpetuate the frenzy of vultures who prey on lawyers for a buck and thereby mislead you from a true merit based form of selection. Most of all, I hope you find a lawyer that represents you and that you are happy with.

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, who is 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 County, DWI 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.

29 January

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Shocking Legal Truths on DWI

Posted by Mimi Coffey

in Helpful Legal Information

The way our government is created is simple. The legislature passes the laws and the judicial branch enforces it. That is the way it is designed. This is not the way it works. The Constitution is the framework that guarantees all rights and sets the parameters for all the state legislatures to follow when passing laws. Simple? It should be. Who on earth would dare defy the Constitution? Judges do it every day. Not just in Texas, but everywhere. Examples:

In the State of New Jersey, you can’t have a jury trial for a DWI. Yes, the United States Constitution entitles you to a jury trial when accused of a crime, but the New Jersey judges ignore it. The National College for DUI Defense (NCDD) member John Menzel took this case up to the highest Supreme Court in New Jersey recently, yet they still decided against following a basic tenet of the United States Constitution.

In the State of Ohio, their Supreme Court has said in Ohio v. Vega that you can’t cross examine a breath test machine. “What?!” You ask? What about the right to cross examine witnesses? Yes, the United States Constitution guarantees every citizen accused of a crime the right to cross examine their accuser. Does this include a machine that says you are guilty (the operators, the scientific lab director, etc.)? Of course, but not according to the Supreme Court of Ohio. NCDD members Shawn Dominy and Tim Huey has been attacking this nonsense for years and in 2014 a brave Ohio judge ruled the Intoxilyzer 8000 breathalyzer was unreliable (because it is) in Ohio v. Lancaster. Yet, Ohio v. Vega remains the law in Ohio.

In Texas, there is no such thing as double jeopardy when it comes to DWI. Once the court sentences you, guess what? Without any hearing, a whole different branch of the government sends you a bill for $3,000 to $6,000 because you got convicted. This is higher than the largest fine a court can punish you with in a misdemeanor class B DWI. What happens if you don’t pay it? You get arrested for driving with an invalid license and tagged with late fees and interest on top of the surcharge.

How can that happen, you ask? What do the judges have to say about it? How can a government agency act independently and with no abandon from the state’s entire criminal justice system? I can’t tell you. I sued the Texas Department of Public Safety over this illegal (no due process and excessive punishment, both illegal under the Constitution) surcharge program in federal court and a federal magistrate dismissed my case (this litigation I undertook cost me thousands of dollars).

There are so many more examples of ignoring the law and people’s rights in many states when it comes to DWI.

So, what is going on? Across the country, citizens accused of DWI look to hire Top DWI Lawyers expecting that whether they are guilty or not guilty the courts will guarantee their Constitutional and legal rights throughout the process. Guess again. Why is this happening? I have practiced law 24 years. The answer is “the ends justify the means.” Judges ignore the Constitution and laws because they think the public does not care. The truth is the public does care, for many reasons. One of which, is they or someone close to them have been charged with a DWI (average of 1.4 million DWI arrests in the U.S. every year).

I don’t support DWI. No one does. My clients accused of DWI don’t support DWI. But, not supporting DWI does not mean we don’t support the Constitution and our laws. Good people make mistakes. We all do, and when we do make mistakes- an advanced civilization guarantees to its people basic protections. The common thread in this country is that our Constitution and laws are supposed to apply to everyone, no matter what charge they face. It is time for judges to follow the law. This means they must have courage. No American citizen wants a court that ignores our Constitution and laws.

The one thing I have learned in 24 years of practicing law is that courage in the law is rare. I am a 5’2″ half Japanese, 49-year old female. I have never served in the military and never played varsity team sports (not counting tennis). Neither one of my parents graduated with a 4-year college degree (they both dropped out of high school). I don’t have a distinguished lineage, nor did I inherit any wealth. But courage does not take brawn, money or military training. It requires a good heart and an honest conscience. I never sought out to be courageous, I chose to do right at the forks in the road. I chose to:

1. Sue the Pantego Police Department (their officer in my client’s case) when they used police officers to draw blood.

2. Sue the Texas Department of Public Safety over their DWI surcharge program in federal court.

3. Stand up to the civil lawyers of the City of Ft. Worth when they refused to give me the blood discovery on my client’s blood cases. They finally gave up after many hearings where judges shot them down.

4. Fought the City of Arlington when they tried to bill me over $500,000.00 for 6 police officer personnel files. No, it did not stop me. I got all 6 files and they had to deal with the civil lawyer I retained and the threat of media coverage.

These are a few examples in my career where I had two choices; the easy one (give up, go with the flow) or the right one. In every decision, I was fighting not just for me and my clients but for all my fellow criminal defense lawyers and their clients too. These battles were costly, time consuming, and took their emotional tolls, but to not fight was never a choice. Currently I am battling a national lab who has hired a civil firm, because they too don’t want to hand over the blood discovery which may or may not prove their blood result is accurate.

This past June, I tried to educate judges and prosecutors at the Advanced Criminal Law Seminar of the State Bar of Texas that Chapter 724 of the Texas Transportation Code specifies the qualifications of the who and how of blood draws. Yet, our Texas courts still refuse to follow the law replacing it with ‘a standard of reasonableness’ because it is more convenient for law enforcement to let them do what they want.

A judge too must fight (the media, their colleagues) and be courageous to make the right decision. It is too easy to make the wrong and illegal choice, especially when it comes to legal issues surrounding politically charged topics like DWI. But like forcing a child to take their medicine, it is necessary. The right decisions are so often the toughest ones to make. Following the Constitution and laws is the only protection we have in this country. Have courage. Follow the law. I envision a time where the administration of DWI justice does not involve shocking truths.

More about Mimi Coffey

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 County, DWI 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.