Possession Of Marijuana And A Controlled Substance
Motion to suppress granted; case dismissed: The client was driving home from a friend’s house and was stopped for failure to signal. During the stop, the officer requested to search the vehicle because of what appeared to be marijuana on a tray in the front passenger seat. The client consented to the search, which uncovered marijuana and a bottle that was believed to have been liquid codeine. The client was arrested for both items and taken to the Collin County jail. After reviewing the discovery, it became apparent that there was no legitimate reason for the stop and the decision was made to file a motion to suppress all the evidence obtained during the unconstitutional stop. At the motion to suppress hearing, the court heard testimony and granted the motion, which excluded all evidence acquired by the officer inadmissible at trial. Without any evidence, the state was forced to dismiss all charges, and the client is now eligible to have the arrest and charges expunged from his record.
Violation Of A Protective Order
Jury trial; not guilty: Client was arrested for violation of a protective order after being arrested by officers for an unrelated driving offense. At the time of this arrest, he was borrowing a friend’s car to run a few errands. Approximately a year prior to this arrest, a default protective order had been granted against this client. A provision in that protective order made it a crime to possess a firearm. During an inventory search of the vehicle, a semi-automatic rifle was uncovered in the trunk of the vehicle. The client made the decision to have a jury trial. After deliberations, the jury returned a verdict of not guilty.
DWI BAC > 0.15%
Reduced from Class A misdemeanor to Class B: Client was arrested for Driving While Intoxicated after being pulled over by police for speed. A blood test taken after this stop alleged my client’s blood alcohol level (BAC) at the time of the test was .216, resulting in this case being charged as a Class A Misdemeanor. After extensive discovery review and persistent negotiations, the prosecutor agreed to lower the charges to a first DWI. This reduction was important because it reduced the punishment range, and the client was able to save $3,000 dollars in DPS surcharges.
Reduction to obstruction with deferred adjudication: Client was driving home from a birthday party when pulled over for failure to signal a lane change. The client was subsequently arrested for driving while intoxicated (DWI). The breath test taken at the police station alleged that my client’s BAC was .112%. After we pointed out some significant weaknesses in the case based on evidence in the video and the officer’s report, the prosecution agreed to offer a reduction to obstruction of a passageway and allowed our client the opportunity to have the case dismissed after successfully completing deferred adjudication probation.
Second DWI – ALR Hearing
Denial of a Department of Public Safety (DPS) petition to suspend driver’s license: Client pulled over on a major highway for speeding and a missing tail light and was subsequently arrested for a second DWI after the officer saw two open containers of beer in the cup holders. At the administrative license revocation (ALR) hearing, we successfully argued that DPS could not establish my client’s alcohol concentration at the time he was operating his vehicle. The judge found our argument persuasive and denied the request by DPS to suspend our client’s driver’s license.