In our last blog entry , we completed analysis of the criminal defense of the Horizontal Gaze Nystagmus (HGN) test. The next major test a New Braunfels DWI lawyer must overcome is the Walk and Turn (WAT), where the driver is instructed to walk heel-to-toe while counting in a loud…
In our last blog entry, we discussed some ways to attack the validity of the Horizontal Gaze Nystagmus (HGN) test. During a jury trial, the jury will review the video, but it is highly unlikely that they can pick up the subtle bounce or nystagmus of the eye from the…
In our last blog entry, we discussed the basics of the Bexar County HGN Sobriety Field Test . In this blog entry, we will now discuss some inherent weaknesses of the HGN test as a test of intoxication. A seasoned San Antonio criminal defense lawyer will be able to employ…
In our last blog entry on general issues regarding Texas DWI SFSTs , we touched on the three (3) major field sobriety tests. Today, we will discuss the first major SFST. In Bexar County and surrounding Wilson and Atascosa County, a seasoned San Antonio DWI lawyer must deal with challenging…
There are basic Standard Field Sobriety Tests (SFSTs) prescribed by the National Highway Traffic Safety Administration (NHTSA): the Horizontal Gaze Nystagmus (HGN), the Walk and Turn (WAT), and the One-Leg Stand (OLS). A San Antonio DWI lawyer will have a strong grasp of how Texas law enforcement is supposed to…
In our last blog entry on phases of the Texas DWI Stop , we discussed Phase 1 (Vehicle in Motion) and Phase 2 (Personal Contact). When we left off, we discussed how a police officer will try to divide the attention of driver by asking distracting questions to see if…
In the majority of DWI cases in San Antonio, the Bexar County District Attorney usually has a video demonstrating the alleged offender performing a series of field sobriety tests with a breathalyzer score over the legal limit of .08. Given these elements, you may feel that a San Antonio DWI…
In the seminal case Berghuis versus Warden , the United States Supreme Court issued major changes affecting the invocation of Miranda rights. Specifically, the Supreme court led by Justice Kennedy ruled that a defendant must clearly invoke their right to remain silent ie. their Fifth Amendment right against self-incrimination. In…
In our last blog entry , we outlined the RIGHT way to handle a Texas police stop . Now, let us discuss the wrong way to handle a police stop with the aid of the following video: Comments: I cannot begin to tell you the number of things that these…
As I have handled more San Antonio criminal defense cases, I have come to the startling revelation that many of my clients would not find themselves in their current situation if they applied some basic rules when dealing with the police. If you are willing to remember some key points…