Collin County Criminal Lawyers Blog

bo@kalabuslaw.com

(972) 562-7549

For the year 2010, there were approximately 6000 people that were arrested on suspicion of DWI in Bexar County, Texas. For those that don't know, San Antonio is the largest city within Bexar County.

Due to the high number of arrests, Bexar County has implemented "no refusal" weekends. You may be familiar with the term from Collin County having "no refusal" weekends for big holiday weekends, such as Memorial Day, 4th of July, or Labor Day.

Bexar County has taken it a step further--now if a person is stopped between the hours of 6:30 p.m. Friday and 6:30 a.m. Monday (any weekend) on suspicion of being under the influence, they are given the choice of taking a breathalyzer or submitting to a blood test. If the person refuses, then a warrant will be issued and a judge that is standing by can order the test.

To help conduct the expected high numbers of blood tests that will be administered, San Antonio Police officers will work in a Blood Alcohol Testing van--sort of like a rolling crime lab. The vans are outfitted with a video recorder and a laptop computer. The officers working in the van are trained phlebotomists which enables the officers to draw blood right in the vans.

The van will also allow the officers to take a person's blood and complete their paperwork at the site of the traffic stop, or accident scene.

Is this new approach to DWI investigation something we can expect to see in Collin or Dallas Counties? Right now, it is too early to tell. Much will depend on the success or failure of the Bexar County program, and the ability of the county intent on implementing the new policy to fund such a program.

bo@kalabuslaw.com

214-402-4364

My heart goes out to all families who lost loved ones in the tragedy at this year's Reno National Championship AIr Races. As a pilot, long time air race/warbird fan, and attendee at this year's Reno Air Races, words cannot describe what I felt when I realized the Galloping Ghost was not going to recover from its final dive. The Leeward family and all families of spectators that were lost will be in my thoughts and prayers forever.

bo@kalabuslaw.com

(972) 562-7549

More DWI news of the weird perhaps. On Wednesday, County Judge John Garhart agreed to forgo a mandatory 90 day jail sentence under Pennsylvania law for Christopher Benoit when he sentenced Mr. Benoit for his second DWI offense in 10 years. Instead Judge Garhart ordered an alternative sentence which included 5 years probation, 90 days house arrest, and the requirement to attend 3 Alcoholics Anonymous meetings a week.

There however was a snag--following his sentencing, Mr Benoit's breath/blood alcohol level tested at .16 as he was processed by the probation officials. This would be considered twice the legal limit in Pennsylvania and in Texas as well.

After hearing this news, the Prosecutors want to go back and seek a tougher penalty for Mr. Benoit. Mr. Benoit's attorney has responded that although Mr. Benoit may have exhibited poor judgment, he did not do anything illegal. Moreover, the behavior underscored the addiction the judge's sentence addressed.

Addiction can destroy a life in many ways, the legal consequences of addiction can really spiral out of control if left unchecked.

bo@kalabuslaw.com

(972)-562-7549

The Arlington Police expect to begin enforcement of the new law around Thanksgiving--just in time for the holidays. This gives the City of Arlington a little time to educate the public about the new law prior to full-blown enforcement of it.

I see problems on how the this new law will be enforced---it is going to be very difficult for police to determine if a motorist is texting, sending an email, or just dialing a phone number. I also see this law as another weapon in the State's arsenal of reasons to stop a motorist to begin a DWI investigation.

Texting while driving is also banned in San Antonio and Austin. I expect it is just a matter of time before we see Collin County cities begin to push for such a law.

Bo@Kalabuslaw.com

24 hour jail release (214) 402-4364

Need to get a friend or loved one out of jail in the middle of the night? Or has the jail personnel told you that you need an attorney bond or "writ bond"?

I CAN HELP YOU

My office's 24-Hour jail release hotline is 214-402-4364.

In addition to my criminal defense practice, I also help people in Collin County that need Attorney Writ Bonds in order to have loved ones released from jail for Collin County offenses. As you will see below, a "writ bond" is a trigger mechanism to get a bond set to speed the process of getting a person out of jail. I do attorney or "writ bonds" for offenses where they are possible. Those offenses usually are:

1) Class A Misdemeanors--for someone currently held in Collin County jails, such as McKinney, Plano, Frisco, etc..
2) Class B Misdemeanors--for someone currently held in Collin County jails, such as McKinney, Plano, Frisco, etc..
(These are typically DWI, Theft, or Marijuana related arrests)

A "Writ Bond" is NOT Possible for

-Class C Misdemeanors/Traffic Tickets
-Family Violence/Assault Cases
-Felony Cases

How it Works
When a person has been arrested for a crime, they have to be brought before a magistrate judge within a reasonable time to have bond set. Depending on the time of the arrest, this process could take many hours (sometimes up to a day or more) and as a result the person will have to sit in jail until the bond is set. This is where the "writ bond" comes into play.

The "writ bond" actually stands for "writ of habeas corpus" (Latin for "you have the body"). When the attorney files the writ bond with Collin County it triggers a bond set by a County fee schedule depending on the offense and circumvents the wait to see a magistrate judge to have bond set.

For the range of offenses outlined above I can speed the process of a person's release from Collin County jails depending on the circumstances via the attorney or "writ bond". If either you or a loved one is in jail, please give my office's jail relief hotline a call and we'll discuss the case--214 402-4364.

Bo@Kalabuslaw.com
(972)-562-7549

With very little fanfare or publicity on September 1, 2011, Texas DWI laws became a lot tougher. A person arrested for DWI on or after September 1, 2011 in Texas that has a breath or blood alcohol concentration of .15 or greater will be facing much stiffer penalties.

Prior to the law change, a person with a DWI first offense was looking at a punishment range of 72 hours up to 180 days in jail and a fine of $0 up to $2,000 regardless of their breath or blood alcohol concentration. Following the change, an individual arrested for a DWI first offense with a breath or blood alcohol concentration of a .15 or greater at the time the test is given will be facing an enhanced punishment range of up to 1 year in jail and a fine from $0 anywhere up to $4,000.

This amendment to Texas law definitely raises the stakes on the results of the breath or blood test. If the tests are refused by the individual and the arresting officer does not obtain a warrant to take the individual's blood, then the individual's breath or blood alcohol concentration will not be known and the .15 (or above) blood alcohol concentration enhancement will not come into play.

If you have questions concerning the amendments to the DWI laws that occurred during the last legislative session, you should contact a criminal lawyer to make sure you understand your rights.

Bo@Kalabuslaw.com
972-562-7549

On Monday, September 12, 2011, a Dallas County Jury sentenced Justin Heaton to 30 years in prison for the death of Dr. Gary Purdue. Earlier in the day, the same jury had found Mr. Heaton guilty of intoxicated manslaughter. Dr. Purdue was killed on October 4, 2010 when the motorcycle he was riding was hit by a vehicle driven by Mr. Heaton after Mr. Heaton had run a stop sign.

Dr. Purdue was a renowned burn doctor that practiced at Parkland Memorial. Mr. Heaton, a personal trainer, was alleged to have had a blood alcohol level of .17 at the time of the accident according to testimony.

Due to a prior drug conviction in Denton County, Mr. Heaton was facing up to life in prison. Following the jury's verdict, he will be eligible for parole in 15 years.

The trial was presided of by District Judge Robert Burns. The Government was represented by Stephanie Fargo and Becky Dodds. Mr. Heaton was represented by Lisa Fox and Janet Traylor.

bo@kalabuslaw.com

972-562-7549

The client was pulled over for driving too slow and swerving within his lane. Once at the driver's side window, the police officer smelled the strong odor of alcohol beverage, asked the client to step out of the vehicle, and began to administer field sobriety tests. The tests were performed poorly. Open and shut case for the State of Texas right?

On the surface perhaps, but as the trial developed, there were multiple explanations for the driving behavior. Moreover, there were inconsistencies in the arresting officer's testimony describing alleged traffic violations that arose from the driving. However, these alleged violations did not appear on the officer's in camera video recorder, which captured the driving the officer testified about.

Further, the field sobriety tests were performed on ground that was not level--it was no wonder there was difficulty maintaining balance during the tests when the tests were administered incorrectly.

In the final analysis, this was a rushed decision to arrest for DWI. The evidence at trial just did not prove intoxication at the time of driving. The jury did the right thing and followed the law. The client was relieved and very pleased with the result.