Comments on Nystagmus: Mostly Leave It Alone | Austin DWI Lawyer

mark@FightTheFeds.com (Mark Bennett) — Fri, 27 Jun 2008 13:52:05 -0600

Makes sense to me. My experience has been that juries are duly unimpressed with the "pen voodoo" as one juror called it post-trial.

gustitis@mac.com (Stephen Gustitis) — Fri, 27 Jun 2008 15:33:00 -0600

I certainly agree with this strategy. When I've spent too much time crossing on the HGN, the prosecutor always shoved it down my throat. "See how afraid the defendant is of HGN, he spent 30 minutes talking about it."

Disgustedr@aol.com (Disgusted) — Mon, 30 Jun 2008 18:36:59 -0600

Why not make DWI a Class C Misd.? Then you wouldnt have to worry about HGN, or imaginary lines. But then you might be out the typical 3K you charge for DWI defense. Keep up the good work

jamie@austindefense.com (Jamie) — Tue, 01 Jul 2008 08:17:50 -0600

Disgusted:

Just in case it isn't obvious, I'm not the one with the power or ability to classify what offense level DWI is in Texas...

Disgustedr@aol.com (Disgusted) — Tue, 01 Jul 2008 18:21:37 -0600

Jamie:

Of course not, the legislature is the only one who can change the offense level of a DWI. Keep on trucking Bro plenty of drunks with good paying jobs to keep DWI Attorneys in business.

wapickel@southernregional.org (Allen) — Thu, 24 Jul 2008 06:48:17 -0600

Demonstrate to the jury that it's voodoo by asking the arresting officer to perform the same test on 2 test subjects. State to the court and jury that one or both may or may not be at some level of intoxication.

If it were me, both subjects would be stone cold sober but would be wearing "scotch" cologne.