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DWI Defense Tag

Three Ways A DWI Can Negatively Affect You

One of my favorite lines is "I don't trust anyone who has not had a DWI". Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, "People who need people, are the luckiest people in the world" is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with: Foreign Exchange Student Sponsorship First, you can't host a foreign exchange student for...

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Lying Witnesses: The Shabby State of Criminal Justice in our Country

The problem of lying witnesses should have The American Criminal Justice System saying: “Houston, We have a Problem.” Examples of Lying Expert Witnesses Mark Fuhrman Mark Fuhrman, convicted of a felony perjury, is now a national Fox legal analyst, an “expert witness” on police matters. Last week, the 6th Circuit Court of Appeals in Cincinnati, Ohio, ruled “Dr.” James Ferguson, a state toxicologist, convicted of perjury, was immune from suit for lying in a murder case where the judge relied on his expert witness testimony for the conviction. Fred Zain Fred Zain, toxicologist at the West Virginia DPS, falsified lab results which resulted in...

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How I got into DWI Defense

Ft. Worth Star Telegram article I have been in love with defending DWI cases since I first started practicing law. When I graduated law school, I had no clue that I would become a board certified lawyer in DWI. As a brand new lawyer I handled court appointed cases. This turned into a job with the biggest criminal defense practice of the metroplex at the time back in 1995, Bailey and Galyen. I was responsible for half the firm’s Tarrant County misdemeanor docket, which was comprised of DWIs. I knew early on that being a criminal defense lawyer was not enough to...

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Expert Witnesses Who Lie

Whether it is DWI expert witnesses, DNA experts, or analytical chemists, the concerns for truth in science are the same…. The American Criminal Justice System: “Houston, We have a Problem.” Expert Witnesses Who Lie Mark Fuhrman, convicted of felony perjury after the O.J. Simpson trial, is now a national Fox legal analyst, an “expert witness” on police matters. Last week, the 6th Circuit Court of Appeals in Cincinnati, Ohio, ruled “Dr.” James Ferguson, a state toxicologist, convicted of perjury, could NOT be sued or found liable for lying in a murder case where his expert witness testimony was relied upon by the judge...

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Double Standard

We the citizens must know the law. It is no excuse for us to not know the law in court. Yet the Houston Court of Appeals created a double standard when it ruled that a cop can be mistaken on the law and it does not matter, the resulting investigation is legal. In other words: the stop is good. Babel v. State created a double standard The Houston Court of Appeals in Babel v. State, No. 14-17-00762-CR, 2019 Tex. App. LEXIS 3144 (Tex.App.-Houston [14th Dist.] April 18, 2019) (designated for publication) has laid down the gauntlet in an illogical position to "back the...

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A Sad Day in America

It is a sad day in America because the National Commission on Forensic Science has been terminated. This commission has helped overturn convictions based on faulty forensic science. Further, the commission has been helpful for DUI and Criminal Defense lawyers. The commission helps by exploring minimal qualifications to be able to be an analyst in reporting a forensic result. It further helps in determining minimum requirements to ensure validity in forensic science. The elimination of this commission harms more than helps those accused of a crime, including a DUI. It will also harm DUI and Criminal Defense lawyers. The harm...

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