Recent Articles

Lawmakers dont need to follow the law

Hunter Biederman
November 17, 2008 23:59

I was pretty disgusted when I read an article today on chron.com.  A while back I posted about Rep. Michael Krusee, who pushed for legislation fining people between $3000-$6,000 for DWI convictions.  Of course, part of this is if you give a breath sample above .16, you are...

Changes to License Suspension Hearings

Hunter Biederman
October 31, 2008 02:09

Ok, so I haven't blogged in approximately .. forever.  But I am determined to get back in the game. In playing around online today (alright, you caught me, I was googling my name), I came across the Sunshine Report's new issue of what looks to me like passed resolutions.  If someone else...

Substance Abuse Evaluations (SASSI) in DWI cases

Hunter Biederman
July 14, 2008 17:31

I have always been bothered by one of the ramifications of a DWI conviction:  The Substance Abuse Evaluation. I am all for the premise and theory behind it. If you are place on probation following a conviction for DWI, you are required by law to take a substance abuse evaluation, and perform...

No More Live License Suspension Hearings?

Hunter Biederman
July 11, 2008 21:14

If DPS gets their way, yes.. all License Suspension Hearing will be by phone.  So the Administrative Law Judge will never be able to look you, the lawyers, or the officer in the eyes. Thanks to Grits for Breakfast for posting on Criminal Justice Agencies Under Review, and discussing the Sunset...

State Does Not Need to Charge How Someone Is Intoxicated in DWI Cases

Hunter Biederman
July 09, 2008 14:56

In a brand new case out by the Court of Criminal Appeals, the Court has declared that the state does not need to be specific on which theory or theories of intoxication they need to prove. In order to find someone guilty of DWI, the State must prove that person was intoxicated.  Intoxicated...

SOAH, ALR, and Serving Subpoenas on Officers in Collin County & Dallas County

Hunter Biederman
July 08, 2008 21:40

In an ALR hearing, it is the job of the Respondent (Defendant) to serve a subpoena on a police officer if they want them to appear.  I do this in almost all of my cases. In order to serve a subpoena, one must first request it from the judge.  You then deliver the subpoena to a process...

How to Fight a DWI Blood Test Case - Intro

Hunter Biederman
July 03, 2008 17:38

With all of the recent publicity surrounding DWI Blood test cases, a few months back, I decided to write a paper on how to fight DWI blood test cases. Well, the paper was coming along very slowly, and I quickly realized my topic was too broad.  I decided to narrow it down to remove all...

Prison starts new DWI rehab program

Hunter Biederman
July 03, 2008 17:28

I read an article today about a prison that started a new DWI rehab program within the prison.  In "Area prison implements DWI rehab program," it details the new program.  It is a "six-month initiative that teaches life skill lessons, alternatives to drinking and driving...

Judges Get Special Treatment in DWI Cases

Hunter Biederman
July 02, 2008 17:09

I have reported in the past that whenever a Judge or a police officer is arrested, they always refuse breath tests (and here).  But when an average Joe is arrested, they will often submit. Well, it looks like one judge was able to take it a step further and get his case dismissed.  In a...

HGN (Horizontal Gaze Nystagmus) Cross Examination

Hunter Biederman
July 02, 2008 16:53

A great point was made recently by Jamie Spencer (through George Scharmen at the Rusty Duncan Criminal Defense Seminar put on by TCDLA) regarding the cross examination of an officer about HGN. Jamie points out in "Nystagmus, Mostly Leave it Alone" that not a lot of cross examination is...