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Interlock Devices and Exceptions

Hate your interlock? Want to get it off? Courts may, and sometimes must, order you to install a device in your car called an ignition interlock. This device, in simple terms, is a breathalyzer that you must use to start your car. Some interlocks will also take a picture when someone blows into it to make sure it is you (or a technician). If someone else blows for you, you may be at risk for probation revocation or bond revocation. This post aims to explain when courts may order you to install an interlock and some of the exceptions to the rule. EXCEPTIONS...

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Defending Asleep-at-the-Wheel Cases

Defending Asleep-at-the-Wheel Cases By Mimi Coffey             Ethanol is a central nervous system depressant. As one ingests more, the body is subject to more central nervous system depressant effects up to and including death.  One of the well-known side effects of the ingestion of alcohol is sleepiness. However, the issue in a DWI case is the ability to scientifically distinguish between sleep deprivation and intoxication. Sleep deprivation brings about changes in physical and cognitive behaviors which are very similar to alcohol impairment including disorientation, slurred speech, and the inability to control the body and perform simple tasks.[1] Although they are frequently used...

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Family Violence: What Are My Options?

Are you kidding me? She called the police because she was mad. Now the police arrested me for Family Violence. What now? (to simplify, I use "she" as an example, but this applies to “he” all the same) It is a mistake to call the police to settle a relationship dispute. Call the police when you encounter a real issue such as burglary or assault. DO NOT CALL THE POLICE BECAUSE YOU ARE MAD AND WANT THE POLICE TO INTERVENE. If there is an allegation of assault, the chances of jail time are very high, regardless of the merits of the allegation. ...

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Questions About Texas DWI and DWI related Probation Revocations

Oh no! I Screwed Up My Texas DWI Probation! What Can I Do? I failed my interlock device. Am I going to jail? What will happen to me on Texas DWI probation if I test positive for alcohol on my drug test? (Assuming no alcohol is a condition of probation) How long does it take after you have a drink to pass a drug test for alcohol? These are all very common questions for someone who is on Texas DWI probation.  Chances are if you are reading this, you may be facing a DWI probation revocation.  Please call us immediately so that we...

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Common Driver’s License Questions When You Get a DWI

Here are some common driver's 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...

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Probation Revocation

Oh no! I Screwed Up My Probation! What Do I Do? It is a very serious legal issue to be on probation (community supervision) and have a probation revocation.  It is more serious than getting the original charge. There are typically more options available when the original charge is pending. When a probation revocation is filed, 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 “mess up” in defiance of court orders.  The first thing to do is to call our office.  It is imperative...

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Mimi’s Humanizing Approach for Handling Your Case

Have you ever tried to have an important conversation and felt like you are not being heard? Whether this is with your employer, a teacher conference over your child, or with the manager of a business to try to resolve an issue, it all boils down to one guiding principle: being heard by being humanized.   To be heard, there must first be an understanding of 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,...

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COVID-19, Violent Offender Release

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 COVID-19.  This is a problem due to increased community spread in the jail environment; which outside of putting inmates' health in danger, 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...

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Writs of Habeas Corpus

What is a Writ of Habeas Corpus? First off, what are writs of habeas corpus? This is a legal document which a lawyer prepares and a judge signs to release a person from jail. The term is Latin for “turn the body over.” A person is eligible for a writ when incarcerated with no bond set. In rare cases, it is also a form of appeal in limited circumstances when the time tables for appeals have 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...

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Forgive Yourself

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...

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