Recently, we had a trial set in which the prosecutors filed some pretrial motions. While not uncommon for the prosecutors to file such motions, one of the items they requested I found quite interesting. The prosecutors filed a "Motion in Limine." A Motion in Limine is the attorney asking the judge…
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…
I occasionally handle criminal appeals. DWI criminal appeals are usually pretty rare, and even more rarely successful. Handling an appeal is a little like Monday morning quarterbacking… A lot of "why didn’t they say XXX or XXX?" is running through my head. The appeal I am reading now has an…
Yesterday I was told by a prosecutor (after setting a case for Jury Trial), "I hear you are a much different person in trial." I questioned what that meant … but the prosecutor started back-peddling, saying, "I don’t know," and "I don’t remember where I heard that from." So, what…
I’ve often said that the reason I do not post a list of trial "wins" on my website is because I feel that to do so is deceiving to potential clients. Simply saying "DWI case – Not Guilty" is not fair because EVERY case is different. Some cases, quite honestly,…
Many of my clients come into my office knowing that they want to fight their DWI case. I’m OK with that. In fact, as I have stated in past blogs, in general, there is very little to lose by going to trial on a DWI 1st case. Despite knowing we…
In a recent blog post by blogger Robert Guest, he posts about some of the techniques taught to prosecutors when cross examining a defendant in a DWI case. These are the same techniques taught to me while working as a prosecutor. He reports from old manuals that he has: Today’s…