Possession Of Marijuana And A Controlled Substance
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 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 which resulted from 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.
Motion to Suppress Granted; Case Dismissed
Violation Of A Protective Order
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.
Jury Trial — Not Guilty
DWI BAC >= 0.15
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.
Reduced from Class A Misd. To Class B
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. The breath test taken at the police station alleged that my client’s BAC was .112. After pointing out some significant weaknesses in the case based on evidence in the video and officer’s report, the prosecution agreed to offer a reduction to obstruction of a passageway and allowed my client the opportunity to have the case dismissed after successfully completed deferred adjudication probation.
Reduction to Obstruction w/ Deferred Adjudication
DWI Second — ALR Hearing
Client pulled over on a major highway for speeding and missing tail light and was subsequently arrested for DWI second 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 my clients driver’s license.
Denial of DPS Petition to Suspend Driver’s License