Denton DWI Attorney

Denton DWI Attorney

AUSTIN MAN WHO BLEW 0.00 on BREATH TEST IS

CHARGED WITH DWI

Ross Law Offices – Criminal Attorney Denton County Texas

An Austin, Texas man was charged with a DWI last January, even though he took a breath test that cleared him of having alcohol in his system. Cops cited Austin’s “take-no-chances” policy, which might as well be called the “because we can” policy.

It took over a year for the charges against Larry Davis to be dropped, despite his voluntary roadside breath test and despite the blood test that also cleared him of not only alcohol, but 7 other drugs.

Davis had been pulled over for running a stop sign. criminal attorney denton dwi attorney and denton county texas.

As ridiculous as this case sounds, it is far from the first time this has happened in Austin. It appears to be a trend with the APD.

The Defenders, a team of reporters, reports that the Austin PD has a track record of sending a lot of cases like this to court, where they are quickly dismissed.

The Defenders first reported cases like this in a 2011 joint Austin American-Statesman investigation. One case was that of Bianca Fuentes, who blew below the legal limit of .08 in a breath test.

At the time, county prosecutors were dismissing about 30 percent of drunk driving cases – more than any major Texas county — because they said APD was bringing them weak cases that wouldn’t hold up in court.

A Defenders review finds similar statistics for 2013. Of 5,648 new DWI cases filed last year, 1,559, a little less than 30 percent, were dismissed.

Police are still abiding by a take-no-chances policy, even if it means the cases are later thrown out.

As ridiculous as this incident is, it’s important to note that Mr. Davis or any other person unjustly accused in this fashion would need to secure an attorney, would have to miss work for court dates, preparation, and appointments, and would have this charge hanging over them, causing stress and embarrassment for the entire time.

Mr. Davis and his attorney plan to file a grievance against the arresting officer now that the case has finally been dismissed, 13 months after the incident.

 

Be very careful out there.  While it is true that officers must prove you were legally intoxicated, or had lost the normal use of your mental and/or physical faculties at the time of driving in order to obtain a conviction in a court of law, it is very likely that you will be arrested for DWI if you have had even a tiny amount to drink.  Obviously, it’s better not to drink at all, or to have a designated driver when you go out for a drink, but if you are arrested, make sure to contact a qualified DWI attorney as soon as possible to discuss your case. If you’re looking for a Denton DWI Attorney please contact us today!
John A. Ross, Jr.  “Tony”
Defense Attorney
940-230-2400

Denton County Juvenile Lawyer – John “Tony” Ross – Denton County Criminal Lawyers

Denton County Juvenile Lawyer

Denton County Juvenile Lawyer
LIVINGSTON, TX – A high school student is suspended for accidentally bringing a beer to school in his lunch. Now his mom is fighting the suspension.
It’s been said honesty is the best policy, but Chaz Seale doesn’t believe it: “Not right now, I do not.”
Two weeks ago, the 17-year-old Livingston High School junior says he accidentally grabbed a beer from his fridge instead of a soda, then packed it in his lunch kit.
It was an honest mistake, says his mother, one that could happen to anyone.
“He was in a hurry, running late. We were talking about school, and he put it all together and took off for school,” Christi Seale said.
The teen says he realized what he did while in third period. “So I gave it to the teacher, thinking I wouldn’t get in trouble, and I got in trouble,” he said.
Chaz Seale was given three days of suspension and 60 days at an alternative school.
“I was just baffled, I said 60 days? That’s the maximum amount.”
The mom tried explaining to the school principal her son did the right thing by coming forward and feels the punishment doesn’t fit the crime.
In a statement the district says the principal of Livingston High followed appropriate administrative procedures. The district said it encourages any parent who is in disagreement with an administrative decision to seek relief through the appellate process.
A Facebook page against the strict zero-tolerance policy and in support of Chaz has already been started. It’s a welcome sign of support for a mom who is working hard to clear her son’s name.
“I think it’s not black and white. There has to be a grey area,” Christi Seale said. “You can’t punish a kid for doing the right thing, the same punishment that you would give a kid that you catch doing the wrong thing.”
Chaz’s mom is appealing her son’s suspension to try to get the punishment reduced. denton county criminal lawyers

Stories like this are becoming extremely common with children of all ages as school districts increasingly enforce “zero-tolerance” policies and even in Denton County. Children are facing alternative schooling and juvenile court allegations for many things that would have been dealt with by school officials and parents many years ago. Are school districts and police going to far with situations like this one, or has this become a necessary evil? Let us know what you think. Looking for a Denton County Juvenile Lawyer? Please feel free to contact us now!
Ross Law Offices, PC
www.RossFirm.net

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