Austin, Texas DWI and Criminal Blog

Nearly 65,000 inmates in Texas Jails

April 26th, 2012 | by azuniga

“As of December 1, 2011, there were 64,984 inmates in Texas county jails. Approximately 2,000 Texas jail beds are under construction or being planned, which at an average cost of $60,000 to $80,000 per bed, will cost between $120 to $160 million to build.” Click here to read more on how an Austin-based think tank suggests we approach this problem.

Posted in Uncategorized | No Comments »

Prosecutorial Misconduct

April 4th, 2012 | by azuniga

Austin criminal defense attorney speaks on prosecutorial misconduct, which affects not only those accused but everyone’s legal rights.

“Prosecutorial flaws, deliberate or accidental, surface in many exoneration cases in Texas and around the country, and often involve the illegal withholding of exculpatory evidence from defense lawyers, which is required under the 1963 Supreme Court ruling in Brady v. Maryland. As more exonerations take place, more allegations of prosecutorial misconduct follow, but with almost no resulting discipline.” Read more…

Posted in Uncategorized | No Comments »

What happens to my license after DWI arrest? By Melissa Garza, Legal Assistant to Attorney Chris Dorbandt

April 4th, 2012 | by Melissa Garza

So you had a night out with some friends and were pulled over for a minor violation like speeding? The officer suspected that you are under the influence of an alcoholic beverage. The officer asked you to perform several tests to verify you were not intoxicated, including submitting to an Intoxilyzer test? You refuse this test and a warrant is served upon you to obtain a blood draw, or you may just be sent to jail. You bond out of jail and you receive several pieces of paper. One of them is entitled, “DIC-25 Notice of Suspension, Temporary Driving Permit,” and it states in small print that you may request a hearing to contest the suspension of your driver’s license; it gives you brief instructions on how to do so and you must do this within the 15 day period from your date of arrest.

What happens if you don’t request an Administrative License Revocation hearing? Well, after 15 days your license will be suspended, but the law gives the DPS an additional period of time to suspend your license; up to 40 days. If you refused the breath test and you’re over the age of 21 and it is your first DWI then you’re license will be suspended for 180 days. You then have the option on applying for an occupational license, which I will explain later in more detail.

Okay so now let’s talk about what will happen if you do request that license hearing. If you hired Mr. Dorbandt on your DWI then we will request the hearing and appear on your behalf to argue against the suspension; that the police did not have probable cause to make the arrest.

At the ALR (Administrative License Revocation) hearing, DPS must prove three things in order to suspend your license: 1) There was reasonable suspicion for the officer to stop you, 2) there was probable cause to arrest you for DWI, 3) You refused the breath test or you submitted to it and blew over 0.08% (the presumptive legal limit). We will look at the facts in your case and fight any discrepancies; the Judge will make his decision based upon the evidence and argument of counsel. If we are able to win your ALR hearing, your license will not be suspended. Additionally, if the subpoenaed officer fails to appear at the hearing the DPS will move to dismiss and your license will not be suspended.

If your license is suspended you may be eligible to apply for an occupational license. This will allow you to drive to and from work and for essential household needs (ex: gas station, grocery store, doctor’s office, child and pet care, etc.) This can be a tough and frustrating time and that is why it is important to hire an attorney who will be there to help you through this trying event. If you find yourself in this situation, please call us to see how we can help. Chris Dorbandt & Associates, Attorneys & Counselors at Law. 512-407-9700 or Toll Free: 1-877-205-3425.

Posted in Driving While Intoxicated (DWI) | No Comments »

Stop, Park, and Assist: The Importance of Stopping to Render Aid

March 15th, 2012 | by KBarahona

There has been a significant increase in hit and run accidents in the Austin area since the beginning of 2012. The majority of accidents have resulted in tragedy for the family members of the victims. Most people who Fail to Stop and Render Aid (FSRA) are primarily scared of the consequences. Accidents happen every day but the way we choose to handle these situations can make a difference. It is important to comprehend the consequences of our actions, or lack thereof, when facing a situation like this.
The law as set out in the Texas Transportation Code advises what our responsibilities are as motorists. In the event of an accident, a person shall:
1) Immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;
2) Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and
3) Remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
4) A recent hit and run accident in Austin involved two pedestrians being struck by a motor vehicle; the driver fled the scene of the accident. The motorist immediately broke the law and is now facing three felony charges. He has been charged with two (2) counts of Failure to Stop and Render Aid and one for Intoxication Assault. The latter might be the reason why the motorist decided to flee. Had the motorist stopped when the accident occurred he would only potentially be facing one felony instead of three – reducing his exposure to prison time by at least half.
What about those who are not under the influence and are involved in a motor vehicle accident? Stop. Always stop! Regardless of the circumstances or damage involved, it is always better to pull over and assist the other parties involved.
Recently, an eight year-old girl from Dallas was killed when a driver of a red Chevrolet Suburban chose to flee the scene after hitting a group of children. The driver then stopped at a nearby apartment complex and was held by neighbors until the police arrived. Toxicology reports are pending to determine if alcohol was a factor.

Unfortunately, this was not an isolated incidence of a hit and run tragedy in Austin. Just last night, a 69 year-old man was struck and killed near Manchaca and FM 1626. The driver did not responsibly render aid and the Texas Department of Public Safety is now searching for the motorist. Once the motorist is found, he or she will be charged with Failure to Stop and Render Aid involving death, a third degree felony in the State of Texas. This crime is punishable with a possible prison sentence of two (2) to ten (10) years and a fine not to exceed $10,000 or both. A conviction may also lead to an automatic suspension of your driver’s license.

If you are ever faced with a situation like this, it is very important that you retain counsel as soon as possible. This is a very serious offense and proper legal representation is required.

Tags: Accident Lawyer, Criminal Defense, Criminal Law, Failure to Stop and Render Aid, Hit and Run
Posted in Uncategorized | No Comments »