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12 March
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Practical Advice for Going Through the DWI Process

Posted by Mimi Coffey
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.

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.

 

25 February
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Texas DWI: Private Security Registration License Notice

Posted by Mimi Coffey
in Helpful Legal Information

Mimi Coffey DWI Lawyer

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.

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 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.

 

 

25 February
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The Perfect Pretext for Illegally Stopping People: Unconfirmed Insurance

Posted by Mimi Coffey
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.
Mimi Coffey DWI Lawyer, Texas DWI, DWI Defense Lawyers

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)

03 February
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Give Me a Break, “Passing Judgment”

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

Mimi Coffey DWI Lawyer, passing judgmentThe 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.

Mimi Coffey DWI Lawyer, Texas DWI

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

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. 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:

Mimi Coffey DWI Lawyer, Shocking DWI TruthsIn 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.

Mimi Coffey DWI LawyerIn 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.

Mimi Coffey DWI LawyerThese 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

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 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.

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

Posted by Mimi Coffey
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cMimi Coffey DWI Lawyer, Texas Weed, Texas DUI
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 green. These makes many criminal defense lawyers consider “green tongue” arrests to be arrests based on junk science.

“[If they convict someone], it should be . . . proven beyond a reasonable doubt,” said Bradley Myerson, a Vermont defense attorney. “Green tongue has nothing to do with marijuana ingestion, let alone impairment.”

Source: https://www.usatoday.com/story/news/nation/2019/11/07/green-tongue-marijuana-dui-cases-signs-of-smoking/2517018001/

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.
08 October
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Forensic Problems in the Criminal Courts

Posted by Mimi Coffey
in Helpful Legal Information
Mimi Coffey DWI Lawyer, forensic problems

Forensic problems caused a wrongful conviction in the Michael Morton case.

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 The National Institute of Justice were both contracted to perform a comprehensive study on the state of modern forensic science methods allowed in court. They issued a scathing report. Here is the report: https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf. In her 25 years of trial experience, Mimi has seen these forensic problems firsthand and fights the courts when they don’t follow the rules of evidence.
 
 — The Difference between Criminal and Civil courts
 
Law enforcement has crossed many lines in their efforts at obtaining convictions. Here is the problem. Their use of “scientific methods” to convict people such as bite mark analysis and arson investigations, like the one used in convicting Michael Morton to over 30 years of prison, are under fire by the nation’s scientific community. How has this happened? The simple answer is that the criminal judges in this country have forsaken the gate keeping role established by rule of law, while the civil courts have done an excellent job of keeping out fake science. Civil turned criminal defense attorney Mike Mosher articulates his shock at how the criminal courts do not follow established law when it comes to allowing in questionable police tactics to convict.

Daubert Factors

The established law in the United States for admitting forensic evidence is the Daubert standard. The Court in Daubert defined “scientific method” as the process of formulating hypotheses and then conducting experiments to prove or falsify a hypothesis. It sets out five factors in determining the legitimacy of a “scientific” method before the jury can consider it:

1. Whether the theory or technique employed by the expert is generally accepted in the scientific community;
2. Whether it has been subjected to peer review and publication;
3. Whether testing the theory is or will be possible;
4. The known or potential rate of error and whether it is acceptable; and
5. Whether the research is independent of the particular litigation or dependent on an intention to provide the proposed testimony. (In other words, a person cannot create a science just to use in court.)

We need to do more to solve these forensic problems

The purpose of the justice system is to arrive at truth. Truth is impossible when using fake methods to convict a person. As the commentator, Mike Mosher, refers to in ​the above video, it is alarming that our criminal courts across America have fallen prey to allowing the overzealous whims of law enforcement to dictate evidence, even when such evidence is fake.
 
Mimi met Mike at the nation’s largest DWI seminar put on by the NACDL and the NCDD in Las Vegas. He has spent a successful career suing pharmaceutical companies in civil courts over false claims to save lives. The low admissibility standard in criminal courts shocked him. Many criminal defense lawyers, such as Mimi, are used to the low standard used in admitting ineligible evidence. The problem is that criminal appellate courts let these forensic problems slide. There are innocence clinics popping up in law schools all across America trying to combat these forensic problems. We must be aware of these atrocities committed in our courts in the name of “tough on crime” and do better to prevent further injustices.

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.

26 September
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Defending the Asleep at the Wheel DWI cases

Posted by Mimi Coffey
in Helpful Legal Information
Mimi Coffey DWI Lawyer

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)

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 record (over 300 cases, with 80% of them being jury trials). Mimi has won the President’s Heart of a Champion Award from the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. She has also spoken at and been the course director for many TCDLA DWI seminars, and she has co-chaired the “Mastering Scientific Evidence” seminar in New Orleans for many years.

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.

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