Pretrial Motions and Trials

Maybe your client is guilty. Maybe it will be easy for the State to prove that your client is guilty. That is, if they can get their witnesses to show up.

There are all sorts of reasons that defense lawyers set cases for hearings and trials, not the least of which is that they expect(well… hope?) that a judge will suppress some or all of the evidence, or that a jury will find their client not guilty.

Occasionally a client will even volunteer this as the solution to their problems, “What are the chances that so-and-so won’t show up, and my case will be dismissed?”

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Most mornings aren’t quite this fun. I had a DWI client set for a PreTrial hearing today, and he had what I thought was a pretty good case. The officer had previously testified at the ALR license hearing that he had pulled my client over after “running his license” and it had come back with

I had a DWI client who was initially stopped for making a U-Turn at an intersection in Austin where there was a posted “No Left Turn” sign. Never having seen this exact situation before, I decided to do a little research to find out whether the detention was valid.

Oddly, it turns out that the Texas

Of course, there’s never a general “yes” or “no” answer to this question without knowing the specifics of the case, and what the state’s evidence is going to be.

Assuming though, as in most DWI trials in Texas, that the prosecutor’s evidence will come from one or two officers and the videotape, that the defendant