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The Biggest Misconception in DWI

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...

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Educating the Public About Lawyer Selection

[caption id="" align="alignleft" width="240"] Paid accolades are the reason that we need to educate the public about lawyer selection[/caption] 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...

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Shocking Legal Truths on DWI

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...

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Police say people who smoke weed have ‘green tongues,’ though there’s no scientific evidence

c Police say people who smoke weed have 'green tongues,' though there's no scientific evidence. From USA TODAY: Police say people who smoke weed have 'green tongues,' though there's no scientific evidence. Police officers nationwide use the observation, among other signs, to justify probable cause and make arrests, specifically in DUI cases. Police officers across the USA alleged in some DUI cases that people who recently smoked marijuana had green tongues. One specialized training program taught all around the world has law enforcement look for a "possible green coating". However, police point to no scientific studies that show marijuana causes someone's tongue to turn...

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Forensic Problems in the Criminal Courts

[caption id="" align="alignleft" width="276"] Forensic problems caused a wrongful conviction in the Michael Morton case.[/caption] There is a big difference between civil courts and criminal courts. The obvious fact is one deals with money and the other, the loss of liberty (e.g., jail or prison). The rules of evidence that govern both systems are essentially the same. At least, one would think they should be the same. The reality is that criminal courts have come under large scrutiny for not following the rules of evidence when it comes to the forensic problem of bogus science. The National Academy of Science and...

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Defending the Asleep at the Wheel DWI cases

[caption id="attachment_3978" align="alignleft" width="227"] Mimi Coffey presents on Defending the Asleep at the Wheel DWI cases at the National Association of Criminal Defense Lawyers & the National College of DUI Defense Las Vegas DUI seminar (2019)[/caption] Mimi Coffey:  Mimi is board certified in DWI defense by the National College of DUI Defense (NCDD). She is a Regent with the National College of DUI Defense. She is the chairman of the NCDD Forensics Committee. Mimi is a frequent speaker at both national and state-wide seminars, including the above Defending Asleep-at-the-Wheel cases seminar. She is an experienced DWI attorney with a proven trial...

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Mimi Coffey At The Blood, Breath & Tears XXVI in Florida (2019)

Mimi Coffey is board certified in DWI defense by the National College of DUI Defense (NCDD). Mimi is a Regent with the National College of DUI Defense. She is the chairman of the NCDD Forensics Committee. Mimi is a frequent speaker at both national and state-wide seminars. She is an experienced attorney with a proven trial record (over 300 cases, with 80% of them being jury trials). She even sued the Texas Department of Public Safety in federal court on the Texas DPS surcharge program. When the Pantego Police Department started using officers to draw blood in DWI cases. Mimi even...

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The New Fake Deferred Adjudication DWI Law

[caption id="attachment_3949" align="alignleft" width="215"] The New Fake Deferred Adjudication DWI Law[/caption] Warning Don’t let The New Fake Deferred Adjudication DWI Law bill fool you. The uninformed may choose to get a fake dismissal not knowing it is fake. Mimi will analyze your DWI case during a full case evaluation and review all options to determine the best course of action. What is it? Before Sept. 1, 2019 there was no such thing as deferred adjudication for any type of DWI offense. Cases ended either in a DWI conviction, dismissal or reduction to a lesser charge (typically an “obstruction of a highway”). Deferred Adjudication A true deferred...

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Texas Has a Real Problem with Forensic Testing Accountability

[caption id="attachment_3937" align="alignleft" width="241"] Texas Has a Real Problem with Forensic Testing Accountability[/caption] An El Paso Texas Department of Public Safety forensic analyst faked 22 blood results and the Texas Forensic Commission finds she was negligent. Faking blood results is not mere negligence. It is criminal and can ruin the lives of many. Let's break this situation down to clarify the issue . . . What went wrong? A Texas Department of Public Safety forensic analyst, Ana Lilia Romero, had 22 blood samples to retest. Instead, she did a cut and paste job of the earlier test results. This is criminal misconduct, no...

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The Serious Problems with Texas’ Breath Test Program

In my last trial, Tarrant County Criminal Court no.2, cause no. 1528525, the State's expert readily conceded facts about Texas' breath test program that are unacceptable.   (fig. 1) The Intoxilyzer 9000 First, The Texas Department of Public Safety, a law enforcement agency,  runs the breath test program for the entire state of Texas. The Scientific Director for Texas DPS comes up with the regulations and oversees the program.  For scientific integrity, a law enforcement agency should never be in charge of forensic, scientific evidence. There are no checks and balances in this system. Power is very dangerous when it all rests in...

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