Challenges
So exactly what can I do for you when I say that there are quite a few defense
tactics?
As we tell each of our clients, each case is different and some challenges that may apply
in one case may not apply in another case. However, in general here are some of the
various challenges that may help your case. We will know more about what challenges we will make in your case after talking with you, your witnesses, photographing the scene of any field sobriety tests, reviewing all police reports and videos, and obtaining any test results from any chemical tests that you performed.
THE DRIVER
In Texas, the government must prove that you were operating a motor vehicle in a public place.
Although many times this issue will not be applicable (for example if you were
driving and the officer pulls you over). However, there are cases that the government
will not be able to show that you were the driver.
THE STOP
In Texas, an officer must have either probable cause or reasonable suspicion to stop
you. If appropriate we can challenge the stop. If the court finds that the police
did not have probable cause or reasonable suspicion to stop you, the results of
any tests may also be inadmissible in court.
FIELD SOBRIETY TESTS
The National Highway Traffic Safety Administration recognizes three standard field sobriety tests. They are the Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT); and, One Leg Stand (OLS). Both Stephen Hamilton and Nicky Boatwright have completed training by the National Highway Traffic Safety Administration to administer standardized field sobriety testing. What does this mean to you? Each time we review a police report and/or a video of a field sobriety test, we grade both how you did and how the officer did in administering the test.
If the officer did not administer the test in the prescribed manner, we can challenge the
use of the test in court.
CHEMICAL TESTS
The Texas Alcohol Breath Testing Program requires that in each breath or blood test
certain guidelines must be followed. As your attorney, we will review your case to ensure
that the person giving the test and the person testifying about the results of the test have
complied with all rules, regulations and laws. If any of these requirements have not been
met, we can file various motions to suppress the results of the chemical tests.
In addition, there are other areas that may affect the validity of a breath or blood test.
These areas include: residual mouth alcohol; the temperature of the person taking the test;
various medical conditions of the person taking the test; various occupations of a test
subject and the fact that a test subject burps prior to taking the test. These areas are not
the only areas but are shown to let you know that just because the "machine" says
a number that does not automatically mean that the number is a true and
correct result.
REFUSALS
If you refused a chemical test, the government will attempt to get this refusal into
evidence. Again, before the government can talk about the fact that you did not
take a certain test, the government must meet certain evidentiary requirements.
We will challenge any attempt by the government to get into evidence any information
of a refusal if the officer did not comply with the regulations.
What challenges are available for your case?
I don't know now, but if you call for your free
consultation, I will explore all these types of possibilities with you. The
lesson to be learned from the above examples is that a case--your case--may be able to
be defended by one or more challenges to the charges you are facing.
That's what I do for my clients.
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