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Texas DWI & Corpus Delicti

The Law Requires Reasonable Suspicion to Detain for Texas DWI One of the basis concepts in Criminal Law is that police must have reasonable suspicion to begin an investigation. Reasonable suspicion exists when, based on the totality of the circumstances, the officer has specific, articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably conclude that a person is, has been, or soon will be engaged in criminal activity. While this is an objective standard under the law, sometimes the subjective intent of the officer seeps in. For example, while the officer may objectively have a reason to stop...

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Texas DWI Blood Test Issues

Though many don't realize it, most Texas DWI cases involve DWI blood tests rather than breath tests. This is in large part because of the fact that the law allows police to draw your blood by getting a warrant if you refuse to give breath or blood. Regardless of whether police drew blood as a result of consent or a warrant, there are many issues surrounding the reliability of the result of a blood test. This is in addition to the requirements for blood draws in Texas DWI. Fermentation One of the main issues with a Texas DWI blood test is fermentation....

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Miracles Do Happen: Clearing Our Client’s Background

Going above & beyond! So proud of Coffey Firm attorney Geoffrey Reynolds who proved that miracles do happen! Years ago a law enforcement government employee accidentally inverted a digit and made it look like our client had a prior DWI that belonged to someone else. We were told it would take an expunction (fees & a legal process) to clear this up when it was not our client’s fault. Geoff spent 6 months working on this, fighting law enforcement (multiple law enforcement divisions refused to call him back) and was finally successful in fixing this grave error at no cost...

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Marijuana Possession in Fort Worth

[embed]https://www.youtube.com/watch?v=g1MPjSfA8bs[/embed] Though not a perfect (or long-term) solution, the Fort Worth Police Department has a new policy regarding marijuana possession. If police catch a person possessing a small amount of marijuana (usually under 4 ounces), they will confiscate it but not make an arrest or issue a citation. At least, this is the case in Fort Worth. Other police agencies within Tarrant County do not share this policy and still make marijuana arrests. This means it is up to the District Attorney on whether the prosecute a marijuana possession case from one of these other Tarrant County Police Departments. This is...

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Texas DWI & UCW Charges: “I got a DWI and They Took My Gun!”

"Geez, I got a DWI and on top of all that, they took my gun!" Getting a DWI is stressful. However, the police confiscating your gun after the DWI arrest is even more stressful! We, at the Coffey Firm, understand that most people who get a Texas DWI and UCW did not intentionally go out and plan on getting a DWI while carrying a gun in their vehicle. Many people form a personal attachment to their gun. It may be a family relic, have sentimental value, or it could be an expensive valuable. Regardless, we understand the frustration of having to...

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Helpful Things to Know About Being a Coffey Firm Client

The A+ Goals of The Coffey Firm Access. Mimi responds to texts, emails and phone calls directly (her voice mail does ask that a text be sent for faster response, text “call me!”). Most of the Coffey Firm DWI attorneys also readily give out their cell phones. If you can’t reach them, just text Mimi. Every Coffey Firm attorney believes that availability to clients is one of the most important parts of the legal profession. 2. Anxiety. We understand that this is a very stressful and scary time. The Coffey Firm is here to serve you. This means we know that sometimes you...

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Police Encounters: “Voluntary Encounters” – Where the Law and Common Sense Diverge

There is nothing "voluntary" about shining a bright flashlight in a person's face. Nor is there anything "voluntary" about having an officer bombard them with question after question. Yet police, and district attorneys regularly claim that "voluntary encounters" occurred just because the officer never activated his overhead lights. On other occasions they claim "voluntary encounter" simply because a motorist rolled down his window when he saw the police approach his vehicle with a flashlight in an empty parking lot. Is every police encounter a "stop"? What is legally required? Distinguishing what is a legal "voluntary encounter" in a motion to suppress is...

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North Texas Specialty Courts & other Specialty Courts: Veterans Court, First Responders Court, DWI courts, Drug Courts, Diversion Courts

For certain categories of people (Veterans, first responders, alcoholics) some charges may fall into a special category that affords special options that are not normally available to most citizens accused of a DWI. There are definite benefits to these courts for some people. For example, a DWI court may treat a probationer much different than on normal probation. This can be good and bad depending on the factors. There are definite reasons why a person should or should not go into a DWI court, as well as all the other specialty courts. Mimi will go over your case with you...

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Standardized Field Sobriety Tests (SFSTs) are Junk Science!

Mimi Coffey is a Texas DWI lawyer who fights! She not only fights in the courtroom, for decades she has been waging a war on the junk science, known as DWI standardized field sobriety tests, used to wrongly convict people. She is recognized nationwide for her efforts. Mimi knows that police use this junk science to justify their DWI arrests, and wants to help you fight back. To find the best way to fight back, Mimi conducts a full case evaluation. During this evaluation, Mimi will get to know you and your story before going over all the evidence with...

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Texas DWI Superfine

As of September 2019, the "surcharge" program by Texas DPS no longer exists. While that may sound good, it has been replaced by a Texas DWI "superfine". Put another way, the "surcharge" for DWI convictions still exists, while the "points" system for things like tickets is history. Let's take a quick look at what is new, and what is not (at least in terms of DWI). Surcharge v. Superfine Old System - Surcharge The surcharge system issued a fine based on either "points" or convictions. Regardless, putting "points" on a person's license only happens after a conviction. The old system said that a...

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