Collin County DWI Lawyer & Attorney : Hunter Biederman : Texas DWI Defense : Serving Collin County, Denton County, Dallas County

Frisco is now voting on whether or not to allow longer alcohol serving hours for bars and restaurants.  The proposed (bill?) will allow restaurants and bars to serve until 2 AM, instead of the current Midnight.

I have been approached by many friends and colleagues about the possibility of Frisco having longer drinking hours.  The conversation usually starts, "wow, Hunter, this is something that will probably be great for your business, huh?"

So, here are my thoughts on the matter.

I don't think changing the law from midnight to 2AM is going to have any major horrible ramifications on the great City of Frisco.  Nor do I think that DWI arrests are going to skyrocket either.  (Remember, I'm commenting on my business going up... for that to happen, it is presumed there will be more arrests).  Nor do I think that alcohol related tragedies will go up.  Hey, I live here too.  If I thought it was a major danger that was going to occur, I'd be handing out fliers along side this group.



I got a ridiculous flier in the mail regarding the vote.  It is a group opposing the legislation.  It has a picture of 1) a beer+ 2) a clock = 3) Strippers and has the words "why risk it?"  The flier proclaims that if we allow alcohol sales to go two more hours, magically, a bunch of strip clubs will appear.  We will also have to have more police working longer hours......Hogwash.

Other cities have these hours and no strip clubs started opening up.  I'm pretty sure other cities are dry (or bring your own beer), and they have strip clubs.  Anyway, the entire flier was preposterous.  Ed Housewright of the Dallas Morning News recently wrote his opinions here. 

Honestly, in summary, I don't really care either way.  I don't think there is a vast negative effect that will occur.  I don't think there is a massive positive upside either.  Local businesses will probably profit, as will some of the hotels & service industries.  But either way, in answer to the questions I've been getting, I don't think my business is going to change much.

• Email This
• Print
• Comments (2)
• Trackbacks

In an interesting move, the city of Freeport is requiring public event organizers to offer safe rides home from events offering alcohol. 

I think this is a neat move.. they could have simply said, "lets put more police on the street," but instead decided to actually try prevention.  I've always believed that more police was never the answer to thwarting more crime.  Most Criminology courses would teach the same.  General deterrence just does not work.

I like this idea, and think Freeport is quite progressive in their thinking.  I'm not 100% sure it should be a requirement, but I like the idea of this being offered at events.

But wait, how can a DWI lawyer be for something like this?  Well, as I have always said, I do not defend Driving While Intoxicated, but rather those accused of DWI.  Big difference.  I also defend the often overzealous law enforcement agencies, and ensure those who are guilty get a fair punishment.

Here is the article.
 

Drinkers in Freeport offered safe rides home

03:23 PM CDT on Sunday, April 27, 2008

By Rosa Flores / 11 News

FREEPORT, Texas—The city of Freeport is going the extra mile to make sure partiers stay safe on the streets.

From now on, any public event in the city that sells alcohol will be required to offer drinkers a ride home.

The police chief says the decision is simple for event sponsors: Offer rides or don’t serve booze at all.

“We want them to have a successful event, but we want people to be responsible and drink responsibly and not get on the road after they are impaired,” Police Chief Jeff Pynes said.

The decision to implement the rule was natural. One out of every five DWI crashes in the state happens in Brazoria and the seven surrounding counties, making the Houston area the leader in drunk driving accidents in Texas.

At the Freeport Riverfest Festival, signs advertising the Safe Ride program were on every beer booth over the weekend.

But organizers were required to do more than that.

“We’ve got folks lined up to work from the time the alcohol sales begin to the time the sales end this evening,” festival organizer Larry Fansher said.

Some of those volunteers were charged with walking around looking for people who might need a ride and offering to call a family member or cab.

The community is so excited about the program’s potential that a local group plans to talk to state leaders about it.

“The goal is to take this to every city. We would love for every event in every city to implement this program,” Carrie Fletcher of the Brazoria County Community Coalition said.

“I think it’s a great idea,” Freeport resident Matt McDonald said.

When that happens, the usually quiet town of Freeport can say they’ve sent a loud message to drivers in Texas: Don’t drink and drive.

• Email This
• Print
• Comments
• Trackbacks

In one of the most insane propositions I have ever seen, Lawrence Taylor reports on a bill going through the Senate in Tennessee.

The proponent of the bill wants to stop DUI (and DWI) lawyers from advertising their expertise because it is getting to hard to convict people accused of DUI.  Hmm.. so her solution is that they should not be able to get lawyers that specialize in the area?

Hey Senator, why not cut it off at the pass, and propose legislation not to allow people to have lawyers?  Or better yet, who needs jury trials anyway?

Lawrence pointed out another article where Senator XXXX explained her reasoning:  She "said she pushed for the amendment because she was tired of suspected DUI offenders not being convicted.”

Yes, people found not guilty of a crime?  How can that be?  Surely they must be guilty, right?  Those 6 idiot jurors were fooled!

Oh wait.. maybe there was another motive?  The article also explains that her move "brought criticism from her opponent who practices in DUI law"

Ahh.. politics at their best.

(P.S.  I didnt really want to put her name in here, because that might have been "advertising" that she didnt want.  But because her opponent Timothy Barnes, a Clarksville attorney, seems to support the First Amendment, I dont see the harm in mentioning him here.)

• Email This
• Print
• Comments (1)
• Trackbacks

I read an article today on the online version of the Tyler Morning Telegraph.  It is entitled "MADD President: More To Be Done To Prevent Deaths." 

Some interesting thoughts of MADD... Here are some of the quotes of MADD's political agenda and hopes to remove all free will from our citizens...

Ms. Knox said MADD's goal is to eliminate drunken driving by separating alcohol from cars.

She talked about new, developing technology that will one day allow cars to read alcohol intake by a person's touch or breath when they get behind the wheel.

Birch said the devices will be unobtrusive, similar to air bags, because about 40 percent of Americans don't drink. The public demanded air bags for every passenger in a car and MADD wants the public to demand alcohol-detecting devices in every car, he said.

And,

Five years from now, he hopes there will be fleet vehicles with interlock devises, placed there by employers, Birch said. Ten years from now, they hope to have them on all vehicles.

And,

Now, MADD is also trying to get sobriety checkpoints in every state.

And one of my favorites,

Bingham has said trying driving while intoxicated cases can be difficult because jurors think everyone has drank and driven and no one got hurt. But, Bingham said, at any moment accidents can occur. He said the offense is committed by many people in the public but it doesn't lessen the seriousness of the offense.

He said it is his responsibility to be aggressive with the cases, but there are other district attorney's offices that reduce first-time DWI offenses because they are afraid to try the cases. He said Smith County juries are not so tolerant.

Bingham said the penalties need to fit the crime.

Here's my question about that.... If jurors think that a first time offender is someone that deserves a second chance.. how is that not the penalty fitting the crime?  Why is it that MADD believes THEIR version of punishment is the only acceptable version?

Juries are made up of a cross section of society.  Shouldn't society, and not a political Action Committee such as MADD be the decision makers?

• Email This
• Print
• Comments
• Trackbacks (1)

Here is an interesting article on mandatory blood draws for DWI cases. This has been the latest trend in trying to convict those suspected of DWI.  I haven't really written much about it, but I am planning on it in the future. 

There seems to be some serious constitutional, administrative, and public policy problems with the mandatory taking of blood tests.

Here is the article:

Weekend DWI roundup has 'dramatic' results

by Audrie Palmer
Midland Reporter-Telegram
Published: Saturday, April 12, 2008 7:51 AM CDT
Results from Midland's March 28-29 "No Refusal Weekend" were released Friday, and the amount of alcohol in the system of some of the drivers cited for driving while intoxicated was shocking to officials.

"We had, what I consider, pretty dramatic results," Midland County District Attorney Teresa Clingman said Friday morning at a press conference.

In all, the average blood alcohol content in those who voluntarily subjected themselves to a Breathalyzer test was 0.136. The average BACs of those who refused the Breathalyzer test and were then made to submit a blood sample because of a search warrant were 0.22.

In Texas, one is considered legally intoxicated when his or her BAC is 0.08.

The weekend project was a combined effort of the Midland County District Attorney's office, Midland County Sheriff's Office, Midland Police Department and the Texas Department of Public Safety.

About 10 additional DPS troopers were brought in to help from nearby counties and both the Sheriff's Office and MPD provided extra officers to help patrol the areas.

"It's fair to say that the effort was to keep Midland safer," said MPD traffic Lt. Brian Bogart.

In all, the weekend netted 26 arrests with eight of those being for felony offenses.

For the month of February, authorities arrested a total of 36 individuals over the course of four weekends with eight of those citations for felony offenses.

By law, anyone stopped for a DWI can refuse to take a breath test, and by doing so, it hurts in building a case against the driver based only on an officer's testimony and videotape, said Clingman.

"You can't smell what the officer is smelling. You can't hear that well. You can't see what the police officer sees," she said in regards to using a videotape as evidence when on trial.

But Midland defense attorney Steve Hershberger is convinced that taking a breath test isn't always effective.

"I have had cases where the Breathalyzer machine didn't work," he said.

During the "No Refusal Weekend," those who resisted taking a Breathalyzer test were apprehended while a search warrant was made for a sample of their blood.

And getting a search warrant for one's blood is not unusual or uncommon.

Hershberger said that it is not unconstitutional for officials to collect a fluid sample -- whether it be from a person's blood, saliva or urine -- as long as it doesn't impose on their Fourth Amendment right which prohibits unreasonable searches and seizures.

Authorities are allowed to file for one if they have any reasonable doubt about a driver's intoxication levels. Bogart said that officers can get a search warrant any time, but that it could take up to 3-4 hours to complete.

But with the DWI weekend project, county judges were on call making the efforts easier for officials and a nurse from the health department administered the tests. It reduced the time for the officers by several hours, said officials.

Only about one of every four drivers that weekend submitted to a breath test, according to Bogart.

"We need to make them more aware they don't really need to drive while intoxicated," Clingman said. "People just need to be aware we will do it again in the future."

But Hershberger, believes that the consequences on an individual charged for DWI are sometimes "too far ranging."

Those with a DWI arrest on their record, he said, have been affected with having an increase in their insurance as well as some of his clients have had a hard time finding future employment.

"It really does wreck people's livelihood," Hershberger said.

Faye Hodges, president of the Stop DWI organization in Midland, volunteered her time during the "No Refusal" project and brought refreshments and snacks out to officers.

Hodges, who lost her 24-year-old son when he was killed in a head-on collision by a drunken driver, was in favor of the collaborative effort of the local agencies for this project.

"I commend everyone who worked. It's hard to get a prosecution when someone refuses a breath test," she said.

Hodges said Friday she has sat in on DWI trials before and has watched defendants "get off" because of a lack of evidence declaring them to be intoxicated during the incident.

"There's no doubt when you take someone's blood to see if they are drunk or not," she said.

Audrie Palmer can be reached at palmer@mrt.com.



Fact box:

Youngest driver arrested 17

Oldest driver arrested 56

Average age of drivers 33

Highest BAC with breath test 0.205

Lowest BAC with breath test 0.085

Average BAC with breath test 0.136

Highest BAC with a blood sample 0.32

Lowest BAC with a blood sample 0.13

Average BAC with a blood sample 0.22 Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

I wrote here in the past about the recent induction of new Texas members into the membership of  the NCDD. NCDD is the National College of DUI / DWI Defense. NCDD is the premier organization among DWI and DUI defenders across the nation.  I figured I might as well keep up this trend and report on new membership.

Other recently inducted members in Texas who have joined myself and others into NCDD include:

• James Butler of Houston, TX
• Leslie P. LeGrand III of Houston, TX
• Bill Stovall of Dallas, TX
• Derk Wadas of Plano, TX
• Alan Baer of Houston, TX

• Email This
• Print
• Comments
• Trackbacks

Well, I'm happy to say this was a great week for me and my clients in Collin County. 

Tuesday, 2 License suspension hearings, Wednesday Jury Trial, Thursday Bench Trial.

So I'm thinking, wow, how am I going to get all this done?  Well, Tuesday rolls around, and both license suspension hearings get dismissed -- my clients ill not have their respective licenses suspended. 

Feeling good, but knowing I have jury trial on Wednesday.  I'm also concerned because the trial will probably take more than one day, and I have a bench trial set for Thursday!  The client is a personal friend, and I really want to fight hard for him.   Result - Not Guilty.  One day.  

Great, so Thursday rolls around, bench trial time. State informs me that the witness is at training, and will not be appearing.  (This is our second setting, so no way is the judge going to allow a continuance).  The state just stands and rests.   Not Guilty.

Truth is, Thursday's trial I had no doubt we would win, but it's nice to not even need to fight.  Of course, it would have been nice if the state would have told me before I spent time preparing for the trial!  But that never seems to happen.

So Friday night, it's poker with the boys... and Saturday, I'm headed to see BB King in concert.

Not a bad way to spend the week.

• Email This
• Print
• Comments
• Trackbacks

A few people have emailed me asking if I have given up blogging.  It is nice to know that someone out there noticed.

Well, I got very busy, and got kind of behind on blogging on a regular basis. Once I was behind, I felt like I was getting deeper and deeper behind.  Quite honestly, it seemed a bit like a chore, and I was disliking the blogging process.  I think the problem was my approach. 

It also seems what is the "proper" way to blog (starting new conversations, and conversing/debating with other bloggers) seems to take the most time "per post."  I think I prefer to just talk about my experiences. 

My other reservation has always been "giving away" strategy, or the fear of insulting someone who will later harm a future client.  I dont like to talk about pending cases, but rather just resolved cases. 

So, if anyone out there has some tips on how to keep up better, I'd love to hear them.  How do you manage the time to blog?  Mark, Jamie, Lawrence,  Stephen, Glen, Robert, Scott, Stephen, Shawn, Kevin, What say you?? How about my pal Ken Gibson?  You seemed to give up on the blogging too..

Do you set aside particular days?  Time slots?  My wife says I should have a routine and block off time just as I would for a new client. 

Looking forward to hearing your suggestions.

Hunter

• Email This
• Print
• Comments (2)
• Trackbacks (1)