28 April

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Common Drivers License Questions When You Get a DWI

Name: The Coffey Firm
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Posted by Mimi Coffey

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Mimi Coffey DWI Lawyer, Texas DWI, Texas ALR, Texas License Suspension

As if a DWI arrest wasn’t stressful enough, Texas also has an “administrative” proceeding where Texas DPS tries to suspend your drivers license! Because a DWI arrest triggers both a criminal and administrative process, the Coffey Firm’s DWI Lawyers in DFW will help with each process.

Here are some common drivers license questions The Coffey Firm has heard from it clients:

I got a DWI! Is my license already suspended?!

- Luckily, the answer is ‘NO.’ After a DWI arrest you have 15 days to request an ALR (Administrative License Revocation) hearing. The Coffey Firm will take care of sending the request for you.
- If you performed a breath test or refused to give breath/blood, then the 15 days starts from your arrest.
- If you consented to a blood test, then the police should return your license to you while the results are pending. Once DPS processes the blood results, they will send you a ‘Notice of Suspension’ in the mail. You will have 20 days from this Notice to request an ALR hearing.

ALR (Drivers License Suspension) HEARINGS

What happens when you request an ALR hearing?
- After requesting an ALR hearing, The Coffey Firm will receive a letter from DPS notifying them of the date of the hearing. We will contact you to let you know about the hearing and answer any questions you may have.
  - It is important that you tell us what you remember about your arrest. If you thought you consented but the police report shows you refused, you may miss the opportunity for an ALR hearing. If we send the “wrong” type of request, DPS acts as if we never made a request at all!
- Until that hearing occurs, you can drive.

My ALR has been set for _______. Do I need to show up?
- You will not need to be present. We will appear on your behalf. The Coffey Firm will also handle requesting discovery and subpoenaing the arresting officer.

What will my DWI Attorney do at the hearing?
- After analyzing the police report and the other discovery, The Coffey Firm will subpoena the arresting officer and have him appear at the hearing. At the hearing, your DWI Lawyer in DFW will ask the officer a bunch of questions. For example:
  - Why they stopped you;
  - Any signs of ‘intoxication’ they noticed (we always argue that the signs they notice can be due to a host of reasons other than intoxication);
  - Whether the officer asked you to perform any Standard Field Sobriety Tests (SFSTs);
  - What test they asked you to perform (breath or blood); and
  - Whether the officer gave you a copy of the DIC-24 (Statutory Warning) before the officer requested breath or blood.

- Some of the issues to address at the hearing depend on whether you gave breath/blood or refused.
  - If you gave consent: One issue is whether the officer properly administered or observed the test. For example, we will ask the officer how much experience he has with the test.
  - If you refused: One issue is whether you ACTUALLY refused the request for breath or blood. For example, we will ask the officer how you responded to the request. If you responded that you would submit to one test but not the one requested, your DWI Lawyer in DFW will argue that you did not truly refuse.

What is the length of the license suspension?
- If you gave blood or breath voluntarily: Your license will be suspended for 90 days (first offense) or 1 year (subsequent offenses).
- If you refused: The license suspension is 180 days (first offense) or 2 years (subsequent offenses).

COMMERCIAL DRIVERS LICENSES (CDLs)

I have a Commercial Drivers License. Does my DWI have any impact on my ability to do my job?
- Unfortunately, the answer is yes. Even a simple DWI arrest can be life-changing if you rely on a CDL to make a living.
- If your license is suspended as a result of the ALR process or as part of a DWI conviction, your CDL will be suspended for 1 year (for a first offense) or for life (if a second or more offense).
  - Even with a dismissed criminal case, a second (or more) ALR suspension will also mean losing your CDL for life. (Tex. Transp. Code § 552.081)

My DWI was in my personal vehicle. So, DPS can suspend my CDL even if I wasn’t driving a commercial vehicle?
- Unfortunately, yes. Even if your DWI was unrelated to your employment, DPS may still suspend your CDL.

OCCUPATIONAL DRIVERS LICENSE (ODL)

My drivers license is suspended! What do I do now?!
- The Coffey Firm can petition the court to grant you an ODL. There are two kinds of ODLs.
  - You will need a ‘Civil ODL’ If your license was suspended as a result of the ALR process or if there was no ALR hearing. There are some restrictions for a Civil ODL:
    - You must maintain a logbook of mileage, destination, and time.
    - You must attend AA meetings
    - If this is not a first offense, you may need to have an ignition interlock installed in your vehicle.
    - You will need SR22 insurance for the length of the suspension.
    - In most counties, you may not drive more than 12 hours a day.
  - You will need a ‘Criminal’ ODL if your license suspension was a result of a conviction or plea. This type of ODL is somewhat less restrictive than a Civil ODL.
    - You must have an ignition interlock installed in your vehicle even if not required as part of your plea.
    - You will need SR22 insurance for the length of the suspension and for two years from the date of conviction.

If I get an ODL, can I continue to drive my commercial vehicle for work?
- Unfortunately, the answer is no. You are unable to get an ODL to drive a commercial vehicle.

More about Mimi Coffey

When people look for a Top DWI Lawyer or Best DWI Lawyer, 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 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.

28 April

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Probation Revocation

Posted by Mimi Coffey

in Helpful Legal Information

Oh no! I Screwed Up My Probation! What Do I Do?

A probation revocation is a very serious legal issue. Often, it is more serious than getting the original charge. There are typically more options available when the original charge is pending. With a probation revocation, the options are much more limited. The case situation is far more serious as the judge, prosecutor, and probation officer view a revocation as a defiance of court orders. The first thing to do is to call our office. It is imperative that we speak with you before you speak with your probation officer. Anything and everything you say to your probation officer can and will be used against you. Call our office and we will advise you of the next proper steps to take.

Can I hire The Coffey Firm for my Probation Revocation?

At the Coffey Firm, we view your case as ongoing even after it is over. We encourage all of our clients to call us with any questions they may have. These can range from, “My probation officer won’t let me go on vacation” to “Do you think I can get my probation officer to put me on mail-in probation?” We are here to help you throughout the entire process.

Now, when there is a problem, it is critical to call us. Texas probation revocations are very serious matters. Texas assumes that you are a law breaker when you don’t satisfactorily comply with the judge’s orders. This is a very serious matter. Texas probation revocations tend to be more serious than the original charge. There is always a question of guilt/innocence when an arrest occurs. The benefit of the doubt goes away once put on probation. Courts interpret failure to live up to probation terms as defiance of court orders and conditions. Courts take quicker action on probation revocations. They view probationers not in compliance more dangerously. Texas probation revocations are very serious charges.

What is a probation revocation?

A probation revocation means that a citizen on probation has violated the terms and conditions of their probation. Even a person on a non-reporting, mail in, or call in probation is considered to have their probation violated when a condition is broken. It is not unusual on lesser grade offenses, such as driving while license suspended, to have non-reporting probation. Also, it is not unusual for someone on misdemeanor probation to transition to mail in or call in probation upon completing half their probationary term.

There are legal ramifications in addition to punishment that occur as a result of probation revocation. For example, a DWI probation revocation may result in an additional license suspension for a first time DWI offender.

What kind of actions will cause my probation to be revoked?

A probation revocation can result from something as simple as picking up a non-moving class C ticket (e.g. public intoxication). They are more commonly filed when a probationer fails to fulfill conditions, such as fails to report to probation, fails a drug or alcohol test, or fails to complete community service or mandated classes and counseling. Picking up a new charge definitely results in a motion to revoke probation.

What is the process for a probation revocation?

Terms of probation typically require probationers to report any violations or arrests to their probation officers. Probation officers routinely screen public data resources to verify their probationers are in compliance. When not, a probation officer will make a decision as to offer a punishment (a voluntary amendment to the probation) or file a motion to revoke probation. Either way, it is very important that you call our office immediately to discuss your options.

Once the prosecutor files a motion to revoke, it will be necessary for us to get a bond set. The unfortunate part is that this also means that spending some time in jail may be necessary until the judge sets bond. Otherwise, a probationer may be picked up and languish in jail while the court resolves the revocation. Probation revocations are routinely accompanied by “no bond” directions with an arrest warrant. It is very common for a probationer to report to probation and be arrested once a violation has occurred. Please call our office immediately so we can avoid as much inconvenience as possible in this process.

Will I go to jail for a probation revocation?

Unless handled as an “amendment” (which often still results in jail), there will be a mandatory jail process in order to post a bond. There are two major options when faced with a criminal charge: probation or incarceration. Jail or prison is a very realistic possibility in a probation revocation. It is therefore very necessary to call our office as soon as possible to discuss the best options. A common solution advocated by the probation officer and prosecutor once a they file a probation revocation is to disguise jail or prison as “rehab”. It is imperative that we meet with you as soon as possible to minimize the damage and provide more alternatives if possible. Mistakes happen. It is our goal to get you the best possible resolution.

What is the bond process for a probation revocation?

The first thing we advise our clients to do is to call us when there is a problem so we can give tailored advice to the exact scenario. Every probation violation is unique. Sometimes, it may be possible for our office to handle the situation with a phone call to discuss options with the probation officer. Otherwise, we will need to contact the probation officer to find out when there will be a warrant. Upon issuing a warrant, it will be necessary to contact both the prosecutor and judge to get a bond set. More than likely, the court will set a bond that includes added bond conditions. This can range from additional pre-trial reporting to requiring a SCRAM bracelet (alcohol monitoring) or GPS monitoring.

Courts tend to move a lot quicker on revocations than on the original case. Judges do not like to have pending probation revocations on their docket. They want them finalized as soon as possible. Judges consider these dangerous cases. Judges fear the actions of a probationer that cannot abide by conditions. For example, the Weatherford, Texas deaths of five young high school girls occurred by someone on DWI probation who could not stop drinking and driving intoxicated. Please understand that we offer limited options on payment plans for probation revocations for this purpose. These cases, by their nature, move quickly per order of the judge.

What can The Coffey Firm do for my probation revocation?

Our firm must be alerted as soon as there is a problem so that we can gather the facts and best assess the correct course of action. We need to understand the circumstances of the violation. We need to investigate to see if there is an actual violation. For example, what one probation officer may interpret as failed alcohol readings on an interlock, may not in fact be a violation. It is often necessary that we independently order interlock or in-home records, or seek more specific information on drug or alcohol tests that were given. We discuss your case with the probation officer, prosecutor and judge.

On full-blown probation revocations, it is necessary that we get the judge to order a release of the probation “chronos” (chronological history) and go over this with you so that we can fully understand the history, actions previously taken, and any possible miscommunications or misunderstandings. We will be giving you a recommendation as to actions that you can take privately and independently that may satisfy the court and prosecutor or mitigate damages.

What are my options?

The options for a probation revocation are all over the map. They range from complete dismissal of the revocation to prison and everything in between. Mimi has 25 years experience dealing with probation revocations of all different types of charges. In her experience, she has seen probation revocation matters disposed of without motions to revoke filed. She has also seen revocations completely dismissed (which are generally accompanied by a resolution agreed to by all parties).

If you messed up while being on probation, do not throw in the towel. Now, more than ever, it is time to take productive measures to address the situation and positively moved forward. Although you may be at the mercy of the court, you are responsible for making the best out of the situation and we are here to help. Everyone makes mistakes. What matters is how we respond. We, at the Coffey Firm, are here to do the best we can to getting you back to your best self, for your sake and the sake of everyone else. Nothing is ever a lost cause. Don’t give up. Give us a call quickly so we can fix this situation. Mimi has fixed thousands just like yours, if not worse.

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 attorney Dallas County, DWI attorneys Collin County and DWI attorneys 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.

24 April

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Mimi’s Humanizing Approach for Handling Your Case

Posted by Mimi Coffey

in Helpful Legal Information

Have you ever tried to have an important conversation and felt like you were not heard? Whether with your employer, a parent-teacher conference, or to resolve an issue with a business manager, it all boils down to one guiding principle: being heard. The criminal lawyers at The Coffey Firm understand the importance of humanizing.

Mimi Coffey DWI Lawyer, Caring DWI Lawyer

Abraham Lincoln said, “I have always found that mercy bears richer fruits than strict justice.”

To hear, one must understand who the person is. Prosecutors and Judges make important decisions about people’s lives every day. So, they need to be able to put an “arrest” in context. Not only against the “facts” as the police allege, but against the big picture. Law school teaches lawyers to analyze facts in a vacuum. They frame issues around case law and legal doctrines. Yet, these tools are meaningless without factoring in the person and all the human aspects.

Humanizing is about who, what, when, where and why against a backdrop of reality including factors such as:

Social Demographics.

What is this person’s background? (Not a judgment based on past criminal history or lack of criminal history.)

Family Dynamics.

Were they raised in a loving, supportive home? Have they struggled against unfair or challenging circumstances? Are they caring for elderly parents or a disabled person?

Accomplishments.

What are the achievements of this person? Awards, recognition, contributions.

Character.

What defines their character? What are their values/ Have they made any contributions? How do they take care of their family? Are they responsible with their family? Do they go above and beyond for others? How and why? Have they pulled themselves up by their own bootstraps despite overwhelming odds? Is this individual involved with any volunteer work (if applicable)?

Everyone Makes Mistakes.

What factors prove this legal situation is an aberration, a mistake that won’t be repeated? Have they already punished themselves enough because of this? What punishments (financial, humiliation, loss of job, etc.) have they already suffered?

Big picture factors.

How do they contribute to their community? Are they involved in the PTA, coaching little league, helping with school fundraisers, neighborhood associations, or volunteer organizations?

Life events.

Are there obstacles happening that help explain or put this legal situation into context? Are they going through a divorce, grieving the death of a loved one, have they lost a job? What environmental factors help explain a person’s actions that might not otherwise have occurred?

Occupation.

What are the pressures of the job? Is this person someone who is employing others? What is their level of responsibility? How do others in the community view their contributions to society?

Proactive Measures.

What actions are they open to taking to address the legal situation? Have they experienced these in the past? This can include substance abuse evaluations, psychological assessments (family violence, etc.), AA, NA, alcohol and drug classes, anger management, rehab, or otherwise. What worked in the past? What did not work?

Connections.

What connections does this person have? Do they have political connections: legislators, judges, prosecutors in their family? Are there any police officers in the family? How did/do these factors affect their behavior?

All these factors and more help prosecutors and judges understand what kind of person they need to consider when making their decisions. For example, facts related to a person’s case are always critically important (health, physical and mental limitations if any, etc.). But, to stop at the surface facts is to miss out on the most important aspect: the person. For example, many individuals are too busy with family or work obligations to involve themselves in volunteer work. Presenting this humanizing information to prosecutors and judges helps them to see those individuals as people who care deeply about family and supporting that family by working.

Founding Father Alexander Hamilton said, “There are critical moments, when a well-timed offer of pardon…… may restore the tranquility of the Commonwealth.” It can also restore a person back to their best self.

The Coffey Firm Understands the Importance of Humanizing

At the Coffey Firm, we ask that our clients fill out a Humanizing Sheet which covers the ten factors listed above and more. Mimi also likes to “touch base” with her clients (her “touch base” email) after they have retained asking them to describe themselves, their pressures, concerns and priorities so everyone at the firm can better help them. All clients have Mimi’s cell phone number and email. Communication is key. Hearing and understanding is very important to getting the best resolution to a case.

Mimi’s philosophy is that you must care about a person before you can be of service. Specifically, such caring must go beyond mere facts and law. This requires humanizing and it is the goal of everyone at her firm.

We also ask to describe yourself and write a biography of your life. The criminal lawyers at The Coffey Firm understand that talking about yourself can sometimes feel uncomfortable. Mimi starts every case evaluation with an intense “get to know you” stage so she can better service your legal needs by first understanding you. However, not all clients choose to fill out the Humanizing questionnaire or write biographies. But, you can rest assured that Mimi will be attempting to fill in these blanks throughout the representation. Mimi documents this information in her case evaluation to better help everyone at the Coffey Firm help you, for instance.

More about Mimi Coffey

When people look for a “top criminal lawyers near me” or “best criminal lawyer”, 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.

01 April

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COVID-19, Violent Offender Release

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas Assault, Texas Violent Crime, Covid-19

The News reports that jails are releasing inmates due to COVID-19. Is this true?

Yes. Reports have confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have tested positive for COVID-19. This is a problem due to increased community spread in the jail environment. In addition to putting inmates’ health in danger, COVID 19 community spread endangers the lives of the jail and prison staff and adds more pressure to the hospital community.

Are jails and prisons releasing inmates due to COVID-19?

Yes. This is not a blanket wide release of everyone in jail or prison. Each state, jurisdiction (federal or state), and county is making their own guidelines on release. 75% of all inmates in Texas county jails are awaiting their case resolutions.

What about the release of violent offenders?

Governor Abbot issued executive order GA 13 which forbids the release of anyone who has been convicted of a violent offense or is charged with one. This does not mean that they cannot bond out. This simply means that they will not have the benefit of getting out at no cost as a result of COVID-19, as some will be.

What does the early release of inmates legally mean?

The provisions of law regarding Habeas Corpus under Texas Code of Criminal Procedure, Chapter 11 will not apply to inmates who have or are charged with violent offense convictions. The safeguards against being held without a charge under Article 17.151 (being released on personal bond or a reduced bond at 90 days) do not apply to “violent offenders” (see above, past convictions for violent offenses or present charges of such). The time has been tolled under the Governor’s order due to covid-19. Everyone released will have to face their charges and sentences, if applicable, at a later date.

What legal authority does the Governor have to keep “violent offenders” in jail without the benefit of COVID-19 huminatarian releases?

The executive order outlines his authority:

WHEREAS, the “governor is responsible for meeting … the dangers to the state and people presented by disasters” under Section 418.011 of the Texas Government Code, and the legislature has given the governor broad authority to fulfill that responsibility; and

WHEREAS, under Section 418.0 12, the “governor may issue executive orders hav[ing] the force and effect of law;” and

WHEREAS, under Section 4 18.016(a), in addition to the other powers given, the “governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business …if strict compliance with the provisions would in any way prevent, hinder, or delay necessary action in coping with a disaster;” and

WHEREAS, under Section 4 18.017(a), the “governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster;”

The laws of Texas give the Governor. great authority to issue executive orders, particularly in times of “imminent threat of disaster.” The Commissioner of the Texas Department of State Health Services has determined that COVID-19 to be a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code. In issuing his executive orders, the Governor has certified such under Section 418.014 of the Texas Government Code.

What is the practical effect of the Governor’s COVID-19 order?

Of course, there are some legal entities who have announced they will disregard the Governor’s orders and some lawyer groups are threatening to act. It is important to remember the lessons of history. The most famous American habeas corpus case involved John Merryman. As the country became divided over the issue of slavery, John Merryman and a large group of rioters burned railroad bridges and cut telegraph wires to prevent Union troops from reaching the Capitol. Officials arrested Merryman. Supreme Court Justice Roger B Tany, riding circuit court, granted a writ of habeas corpus to secure Merryman’s release. President Abraham Lincoln ignored it.

The U.S. Constitution provides in Article 1, section 9, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Lincoln declared that the suspension of writs was more to prevent harmful behavior to the country than punish an individual. Eventually, President Lincoln granted universal amnesty in an effort to unite the country. John Merryman never faced prosecution. Remember that these are not normal times. The Governor has not abolished bail for those accused of violent offenses. Rather, he deprives them of the unusual mechanisms now being deployed to empty the jails in an effort to prevent catastrophic COVID-19 spread and consequences.

On the topic of Violence during these trying times…

We all know that stress can produce unhealthy behaviors. As many are losing their jobs, unable to pay rent and mortgages, worrying about their next meal, please remember to practice great patience and endurance. Try to practice the 24-hour rule; hold your breath and promise that you will think about your response for 24 hours before saying or doing anything. You will find a good night’s rest will help you see clearer and make better decisions. Focus on the big picture and know that you are not in it alone. We

are all in this together with you. This will be over. Remember that what is important is WHO you are now, so watch carefully what you do. Do not react selfishly.

This COVID-19 crisis is not the time for employers to furlough or lay off people. Take care of those who take care of you. See the long-term picture. Find a way to take care of those around you. The government’s stimulus package can help. There will always be time to recoup on savings, retirement and pay back loans. There may not ever be another time to prove to your loved ones, that they are more important than you. We are what we do, not what we have. Take a breath and in the meantime, focus on what Mr. Fred Rogers said, “Look for the helpers, you will always find people who are helping.” Be one of those helpers.

Stay safe- Mimi Coffey

Mimi Coffey DWI Lawyer, Texas Assault, Texas Violent Crime

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.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

01 April

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Writs of Habeas Corpus

Posted by Mimi Coffey

in Helpful Legal Information

What is a Writ of Habeas Corpus?

A writ of Habeas Corpus is a legal document prepared by a lawyer. When signed by a judge, it releases a person from jail. The term is Latin for “turn the body over”. A person is eligible for a writ when they are incarcerated with no bond set. In rare cases, it is also a form of appeal in limited circumstances when the time tables for appeals has run.
The United State Constitution, Article 1, Section 9 provides “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

Texas Writs of Habeas Corpus (How do I bond someone out of jail? Do I need to get writ?)

Chapter 11 of the Texas Code of Criminal Procedure contains the law regarding writs of habeas corpus in Texas. Most often, questions arise about obtaining a writ when arrested with no bond set. The law in Texas provides that after taking a person into custody the legal entities “shall without unnecessary delay, but not later than 48 hours after [arrest], take the person arrested or have him taken before some magistrate of the county….” (Texas Code of Criminal Procedure Article 15.17). At this point,the judge reads the person his or her rights and sets bonds. The reality is that this often may take even longer (72 hours).

If a person is on probation and remains in jail on a probation violation, the law requires that there be a hearing no later than 20 days (Texas CCP Article 42.12 section 21b). If a person is in jail on a felony, the state must be ready for trial within 90 days of the detention or the court must release him or her on personal bond or have the amount of bail reduced (Texas CCP Article 17.151).

History of the Writ

The history of the writ of habeas corpus in America focuses on the John Merryman case during the Civil War. John Merryman faced accusations of burning railroad bridges and cutting telegraph wires to impede Union troops from coming into Baltimore. Military officials arrested John Merryman and took him to Fort McHenry. He applied for a writ of habeas corpus and Supreme Court Justice Roger B. Taney, riding circuit court, granted it. President Lincoln ignored it, having suspended writs of habeas corpus during rebellion, as the Constitution allows.

The interesting part of the Merryman case was how filing a writ actually caused Merryman more legal troubles. After filing the writ, the government added a treason accusation (never pursued) and the railroad sued him. Despite letting others out of jail, officials kept him in jail to prove a political point. He filed suit for false imprisonment and later the railroad filed suit against him. Eventually the government dropped all suits in a fascinating saga of how the President used his executive powers in wartime. He used the arrests and detentions as a matter of political strategy.

Why are Writs of Habeas Corpus important?

Democracy requires writs of habeas corpus. Our Founding Fathers were careful to include writs of habeas corpus in our Constitution. This is due to the history of tyrannical and political imprisonment in England. In Texas, the ACLU filed suit against judges in Houston for setting bonds too high for accused citizens based on their alleged crimes and income levels. This spurred across the board changes in many Texas counties, notably Tarrant County. Now, it can take much longer to bond a loved one out of jail. For example, it can take a matter of days versus hours in the past.

We, at the Coffey Firm, can do writs of habeas corpus but advise that the cost may be better spent on the actual representation (lower overall cost if you don’t do a writ), when the benefit is a matter of hours or a day behind bars. We can guide you through the stressful process of bonding someone out. Do not hesitate to give us a call.

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, and 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.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

18 March

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Forgive Yourself

Posted by Mimi Coffey

in Helpful Legal Information

The STRENGTH of George Washington

“Hard times don’t create heroes. It is during the hard times when the “hero” within us is revealed.” Bob Riley

The Father of our Country, George Washington, is revered for his leadership, stoicism, and wisdom. It is inspiring to focus on his strength in times of trouble. Before the battle of Trenton in 1776, Washington experienced a seemingly insurmountable low. In just three months, the British captured 4,500 American soldiers. The British also confiscated 3,000 muskets, 250 cannons, and 17,000 cannonballs. There were three main armies which suffered staggering attrition. More than three quarters of his soldiers in the main army perished, deserted or suffered injuries. To compound all these struggles, Washington’s right hand man and personal secretary, Adjutant General Joseph Reed, was plotting behind Washington’s back to overthrow him. George discovered this by opening correspondence between Reed and Major General Charles Lee.

Mimi Coffey DWI Lawyer, Caring DWI Lawyer

Imagine fighting a war where your soldiers were dying, deserting, and quitting left and right. Think of your right hand man reporting to you but secretly jockeying to have you fired all along. Imagine battling without proper equipment because the enemy has managed to steal your guns and ammo. Despite all this, George Washington remained strong. One of Washington’s famous quotes is “Real men despise battle but will never run from it.” He believed and practiced standing your ground. He also did not believe in excuses, tough it out. George Washington remarked “It is better to offer no excuse than a bad one.” He stood firm and tried. He did not always win. He lost many battles but he never gave up. In the end, his strength endured.

Mimi Coffey DWI Lawyer, Texas DWI, Caring DWI Lawyer

It is helpful to focus on strong leaders who prove that strength is in persistence. Strength, like muscle conditioning, gets stronger through routine and practice. We all face times in our lives that test our strength and resolve. This particularly happens when we make mistakes. George Washington, too, made mistakes. Some say that Washington was no military strategist. He lost a lot. What Washington excelled at was never giving up, keeping hope and faith alive, and maintaining the course. He kept the struggling, colonial army and militia together. He inspired them to fight another day. We must all remind ourselves of Washington’s strength, give ourselves forgiveness, patience and understanding and remember as Leon Brown said, “You cannot travel back in time to fix your mistakes, but you can learn from them and forgive yourself for not knowing better.”

We all make mistakes. Imagine had Washington lived in today’s times and received a DWI. Based on his strength of character and mantra of no excuses, it is safe to say he would have forgiven himself. No one is perfect. Don’t run from your mistakes, learn from them. As for the DWI and criminal defense legal issues, that is a whole different story. We, at the Coffey Firm, can help you with this. A DWI conviction is based on what the State can prove. Move forward in your personal life and know we are here for you.

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

16 March

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BEWARE: Increased Penalties During a State of Emergency

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in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas COVID Texas Penal Code section 12.50 provides that penalties increase for certain offenses when committed during a state of emergency. Due to the unexpected outbreak of Covid-19 (Coronavirus), we are currently in a state of emergency! When the President of the United States or the Governor declares a state of emergency, this provision goes into effect. Texas Governor Abbott declared the Coronavirus a state of emergency on March 13, 2020 (https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19).

Specifically, the following crimes under the Texas Penal Code jump a penalty grade:

22.01 Assault
28.02 Arson
29.02 Robbery
30.02 Burglary
30.04 Burglary of a Vehicle
30.05 Criminal Trespass
31.03 Theft

Increased Penalties for Misdemeanors

Furthermore, if the penalty grade for the following remains in the misdemeanor category (a class B misdemeanor elevating to a class A misdemeanor), the law requires the minimum confinement in jail to be 180 days for the following offenses under the Texas Penal Code:

22.01 Assault
30.04 Burglary of a Vehicle
30.05 Criminal Trespass
31.03 Theft

The Texas Legislature has determined that crimes committed during disaster times, and for the areas affected, particularly merit more severe punishment. For example, melees, brawls, and delinquent acts of ruffian behavior are an added affront to tough times. A normal fight or tussle could very well end up being a felony charge with harsh consequences. It is very important that everyone be aware that stressful times need not equate to more trouble.

Please stay safe. Follow the CDC guidelines: https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html. The Coffey Firm is wishing you much health, safety and happiness during these dangerous times and beyond.

Please contact us if the court closures in Tarrant and Dallas might affect your case.

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 and 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 Driving While Intoxicated (DWI), Unlawful Carrying of a 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 attorney Dallas County, DWI attorneys Collin County and DWI attorneys 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.

**** GOVERNOR ABBOTT RECOMMENDS THAT COURTS NOT ALLOW IN-PERSON APPEARANCES UNTIL AT LEAST JUNE 1 (as of April 27, 2020) ****

12 March

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Practical Advice for Going Through the DWI Process

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in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas DWI, Caring DWI Lawyer

If you are reading this, you or a loved one is probably going through the horrible experience of the DWI Process. Please know that we all make mistakes. We are human. DWI is a unique offense in that no one goes out with the intention of driving intoxicated. Please know you have our greatest sympathies. What you are experiencing is actually very common. Many people, approximately 1.4 million, have gone through exactly what you are experiencing. We have had at least four lawyers at The Coffey Firm who have had an arrest for a DWI or a related offense. We understand. Good people get DWIs. You are not alone. Information is power and vast experience provides insightful information. I hope you find this information helpful.

— Experienced DWI Lawyer Mimi Coffey

THE INITIAL SHOCK OF THE DWI PROCESS

Upon your release from jail, you are probably feeling shock and embarrassment. You are trying to collect your thoughts and memories about what happened and why. It hurts like an open wound; you are anxious to patch it up and reduce the scarring. Next, you are debating about whether to tell certain people and are leaning towards not telling them. Finally, you have wrapped up retrieving your car and figuring out how to account for any missed time at work.

THE BEST PLAN OF ACTION FOR THE DWI PROCESS IS TO:

REMAIN CALM. Realize first that you are in a trauma situation. The best decisions are not made under stress. Resist the knee jerk reaction to take immediate action. I recall several years ago, the heiress to the Walmart fortune was arrested for DWI in Parker County and within days she had hired a civil lawyer who was issuing her apology statement. Despite a vast fortune and ready resources, she chose to hire a lawyer who was not an Experienced DWI Lawyer and who made a foolish move. It is impossible within only days of an arrest for any attorney to know what should be done with a case for its best resolution. Consider the following information:

1. What are the technical issues? All the discovery and an ALR hearing is necessary for a proper analysis of a DWI case. For example, we have had cases where the officer moved to another police department and could not be served. We would not have known this without the ALR hearing. Knowing that a witness may or may not be available for trial can factor into the decision to proceed to trial.

2. Personnel decisions. Who is the Judge? Who is the prosecutor? Will this DA remain on the case or move to another court? These folks play a large part in how your case will proceed and its possible outcome. What may look like intoxication to one prosecutor, may not look like a triable case to another. It is our job as Experienced DWI Lawyers to know these things and position your case to its best advantage.

3. Strategy. Much like a football game that lasts three hours with only eleven minutes of play time, your case will involve a lot of behind-the-scenes work. This work includes but is not limited to discovery accumulation, your license hearing, subpoenas being issued, laboratory work requested, scheduling, case analysis, etc. Strategy can also change for various reasons. In order to get the best result for your case, it is critical to adapt to the changing winds that may benefit our position. For example, a new prosecutor being assigned, etc.

BE DILIGENT.

It is critical that you go back to your life and resume all responsibilities with renewed vigor. If you get cancer, you won’t start administering chemotherapy to yourself. It is our job to do everything we can to ensure that you obtain the best possible result with your case. This means that we ask you to cooperate with us in communicating and providing us information. We will be requesting that you follow in some directives that can optimize your situation depending on the route that we go. Please be diligent in following our advice so that we can best service you.

BE POSITIVE.

The best thing that you can do now is to look for the silver lining. This is a great opportunity for you to take positive measures to ensure that you will never get in this situation again. We can help point you in the right directions. We will always be here to help whenever you need. But we hope that future contact

will be of a friendly nature as opposed to more distress. There is never a better time to change the past than the present. Also, therapy is an excellent way to test what stressors might have led to the current predicament if any, and to take positive steps to deal with those stressors. Take stock in all that is positive in your life and focus on these things.

WHY I CARE

In the twenty-four years that I have been a DWI Attorney, I find the greatest reward is seeing people rediscover themselves after the DWI Process. Whether this comes from a Not Guilty or a reduced charge, or changed habits as a result of a wake-up call, seeing someone go from one of the lowest points of their lives to hope is the best aspect of what The Coffey Firm does. Remember, tough times make us better people. As Robert Schuller said, “Tough times never last, but tough people do.”

More about Mimi Coffey

When people look for an Experienced DWI Lawyer or Best DWI Lawyer, 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.

25 February

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Texas DWI: Private Security Registration License Notice

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If you are the holder of a private security registration license, be aware that certain offenses can suspend your license. Most serious offenses, such as murder, assault, and burglary, can result in suspension. Driving while intoxicated, by itself, may not lead to suspension. However, if you commit a Texas DWI in your capacity under the registration, then a DWI may result in suspension. Any offense that may deem you ‘unfit’ can also result in suspension. Please see the following:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=35&rl=4

See also: Texas Occupations Code § 53.021

Further, you are not eligible to become an armed security officer if, at the time of your application, you are currently charged with a Class A or Class B misdemeanor (such as a Texas DWI) or a disqualifying felony. Texas Occupations Code § 1702.113.

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

25 February

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The Perfect Pretext for Illegally Stopping People: Unconfirmed Insurance

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in Helpful Legal Information

A DWI traffic stop based only on unconfirmed insurance lacks the reasonable suspicion required for a search and seizure. The 4th amendment of the Constitution protects citizens from unlawful search and seizure. This protection comes to life in Texas under the Texas Constitution, Article 1, section 9. This is a wide net. This means that the “ends do not justify the means”. More simply, the police cannot break the law to enforce the law. For example, they can’t illegally enter into a house to search for illegal drugs. They must follow due process. They must have a warrant. For people who are driving, the police must abide by the same laws. They can stop a motorist for probable cause for a traffic violation. If, after the stop, the police encounter further illegal activity due to the stop, then they may continue investigating. There are other categories which open the door to police investigation including a voluntary encounter, community caretaking, and reasonable suspicion of a crime. However, these “catch all” categories justify warrantless arrests, but they are not rubber stamps for the police to engage at will. A voluntary encounter is when a citizen, by their own free will and volition, engage the police.

DWI Defense Lawyers

What is Community Caretaking?

Community caretaking is not law enforcement code for a free for all investigation. Rather, it requires consideration of four factors in Texas[i]:

(1) the nature and level of the distress exhibited by the individual;

(2) the location of the individual;

(3) whether the person had access to help independent of that offered by the officer; and

(4) to what extent the individual, if not assisted, presented a danger to himself or others.

Courts are to weigh the circumstances to determine if a stop or intervention by law enforcement is justified. Seeing your DWI video may be important to determine what the officer saw.

Constitutional considerations of ‘unconfirmed insurance’

Mimi Coffey DWI Lawyer, Texas DWI, Texas Insurance

The Declaration of Independence states, “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” The colonists despised the British abuses of power. As a result, they added the Bill of Rights to the Constitution to protect our citizens from such abuses, including the government seizing and invading at will without due process. The legal process mandates that when violations of law occur, we throw out the evidence resulting from the violation. This means, at times the “guilty” go free. This is necessary to ensure protection for all. It was Ben Franklin who said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

What is the problem with ‘unconfirmed insurance?’ What is it?

The problem with “unconfirmed insurance stops” is that there is no proof. An officer can allege that the sole basis for the stop was that their computer system showed a motorist’s insurance to be “unconfirmed.” These systems, however, can be unreliable. For example, an insurance company’s database might not contain recent updates. This is so problematic that in Texas DPS’s July 2004 newsletter[ii] , they warn officers, “It is important to note that DPS does not believe the law allows the database to be used for probable cause in stopping a vehicle. The vehicle would first have to be pulled over for a separate traffic violation”.

The Court in Contreras[iii] ruled that standing alone, an insurance check of ‘unconfirmed’ would not provide reasonable suspicion for a stop. There must be some foundation for the conclusion of unconfirmed insurance to justify a stop. Evidence that clarifies the ambiguity of an ‘unconfirmed’ return, such as the definition of unconfirmed, the source of the information in the system, or showing the accuracy and timeliness of the system, must first be presented to justify the stop. It is important that Courts continue to recognize that allowing the police to stop a vehicle on alleged “unconfirmed insurance” is carte blanche for lawless DWI stops. We should not tolerate this.

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 and 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 Driving While Intoxicated (DWI), Unlawful Carrying of a 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 attorney Dallas County, DWI attorneys Collin County and DWI attorneys 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.

__________________________________________________________________________________________________________________________________

[i] Wright v State, 7 S.W.3d 148 (Tex. Ct. Crim.App. 1999)

[ii] TexasSure Cracks Down on Insurance Violaters, The Chaparral, July 2004, pp. 1, 4.

[iii] Contraras v. State, 309 S.W.3d 168, 172-3 (Tex. App.-Amarillo 2010, pet. ref’d)

ALR (Drivers License Suspension) HEARINGS

COMMERCIAL DRIVERS LICENSES (CDLs)

OCCUPATIONAL DRIVERS LICENSE (ODL)

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Oh no! I Screwed Up My Probation! What Do I Do?

Can I hire The Coffey Firm for my Probation Revocation?

What is a probation revocation?

What kind of actions will cause my probation to be revoked?

What is the process for a probation revocation?

Will I go to jail for a probation revocation?

What is the bond process for a probation revocation?

What can The Coffey Firm do for my probation revocation?

What are my options?

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Humanizing is about who, what, when, where and why against a backdrop of reality including factors such as:

Social Demographics.

Family Dynamics.

Accomplishments.

Character.

Everyone Makes Mistakes.

Big picture factors.

Life events.

Occupation.

Proactive Measures.

Connections.

The Coffey Firm Understands the Importance of Humanizing

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The News reports that jails are releasing inmates due to COVID-19. Is this true?

Are jails and prisons releasing inmates due to COVID-19?

What about the release of violent offenders?

What does the early release of inmates legally mean?

What legal authority does the Governor have to keep “violent offenders” in jail without the benefit of COVID-19 huminatarian releases?

What is the practical effect of the Governor’s COVID-19 order?

On the topic of Violence during these trying times…

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What is a Writ of Habeas Corpus?

Texas Writs of Habeas Corpus (How do I bond someone out of jail? Do I need to get writ?)

History of the Writ

Why are Writs of Habeas Corpus important?

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The STRENGTH of George Washington

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Increased Penalties for Misdemeanors

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THE INITIAL SHOCK OF THE DWI PROCESS

THE BEST PLAN OF ACTION FOR THE DWI PROCESS IS TO:

BE DILIGENT.

BE POSITIVE.

WHY I CARE

More about Mimi Coffey

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What is Community Caretaking?

Constitutional considerations of ‘unconfirmed insurance’

What is the problem with ‘unconfirmed insurance?’ What is it?

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