Should I View The Video of My Arrest With My Attorney?

One of the most important aspects of being any type of lawyer is preparation.  During law school it is hammered into our heads that to be successful we must be prepared.  This preparation allows me to properly represent my clients.  A crucial part of a DWI case is the video evaluation.  When you are a client of the Martinez Law Firm one of the lawyers will discuss the pros and cons of the video with you.  This will allow you to understand what direction your case is likely ahead.

Here is an example of DWI Video Evaluation:

DWI VIDEO EVALUATION

CLIENT  _____________________________________________  CASE NUMBER______________

ARREST DATE/TIME___________________________

VIDEO DATE/TIME_____________________________

1.            ONE LEG STAND (  ) GOOD (  )WOBBLED (  )SWAYING (  ) DROPPED FOOT                     (  ) VARIED FROM INSTRUCTIONS______________________________________________

2.            WALKING LINE    (  ) GOOD (  )SWAYED(  )MISSED LINE (  ) NEED SUPPORT                   (  ) STUMBLED (  ) VARIED FROM INSTRUCTIONS _______________________________________________________________

3.            RHOMBERG   (  ) GOOD (  ) SWAYED (  ) VARIED FROM INSTRUCTIONS ______________________________________________________________________________

4.            TOUCH NOSE (  ) GOOD (  ) MISSED BADLY (  ) SWAYED (  ) MISSED SLIGHTLY            (  ) MISSED NOSE TIP (  ) VARIED FROM INSTRUCTIONS

_______________________________________________

5.            READING TEST (  )GOOD (  ) MISPRONOUCED WORDS (  ) SLURRED WORDS                 (  ) SKIPPED WORDS (  ) READ UNUSUALLY SLOW (  ) DIFFICULT SEEING WORDS ______________________________________________________________________________

6.            INTERVIEW PORTION                     (  ) ADMITTED INTOXICATION

(  ) ADMITTED TO _____ DRINKS

(  ) DENIED INTOXICATION

(  ) ADMITTED DRIVING

(  ) DENIED DRIVING

7.            ATTITUTE DURING VIDEO (  ) COOPERATIVE (  ) CAREFREE (  ) EXCITED                    (  ) COCKY (  ) COMBATIVE (  )CONFUSED (  ) OTHER ______________________________________________________________________________

8.            SPEECH (  ) GOOD (  )INSULTING (  ) FAIR (  )STUTTERED (  )VULGAR(  )PROFANE       (  )SLURRED (  )MUMBLED (  )OTHER ____________________________________________

9.            UNUSUAL ACTIONS (  )CRYING (  ) FIGHTING (  ) LAUGHING (  )BELCHING                (  )WOBBLING (  ) NEED TO URINATE  (  )OTHER ______________________________________________________________________________

ADDITIONAL COMMENTS______________________________________________

_____________________________________________________________________________________________

Herman Martinez has been honored to be nominated by H-Texas Magazine as a "Top Houston DWI Attorney" every year since 2009

Herman Martinez has been honored to be nominated by H-Texas Magazine as a "Top Houston DWI Attorney" every year since 2009. When you need a Houston DWI Attorney, know that Herman Martinez offers experienced and highly rated representation. What's more, he's committed to being very accessible.

The State of Texas has some of the most stringent DWI laws in the country. For example, even a first DWI, but with a child 14 or younger in the vehicle, is a felony. Whatever the nature of your DWI arrest, capable legal representation is important.

15 Days From Date Of Arrest

It's important to note that after a DWI arrest, one has just 15 days to request an Administrative License Revocation (ALR) hearing, or you will automatically lose your license. At the hearing, the administrative law judge has to either revoke one's license for the required time period, or suspend the revocation requirement. There is no middle ground. Even first time DWI arrests will no child in the vehicle will typically result in license revocations of 90 days or 180 days.

Some Of The Possible Consequences

Here is just a partial list of the potential damaging effects of a DWI conviction. Concerns can extend well beyond possible fines and jail time. And the fines, fees, and surcharges alone can run into the many thousands of dollars, totals can exceed $8000. Even a first DWI conviction not only carries a fine, but a $1000 annual surcharge for each of the first three years following conviction. A blood alcohol level of 0.15 or higher doubles that amount, even for a first DWI offense.

Insurance Costs

Most are not surprised to hear that automobile insurance costs will increase after a DWI . However, most don't comprehend just how much the higher rates might be, or for how long such raised rates will be charged. Rate hikes of more than 50 percent are common. In some cases, rates can more than double. Furthermore, the cancellation a driver's auto policy is a distinct possibility.

Treatment Programs

Every DWI conviction in Texas requires the completion of either a DWI Alcohol Intervention Program or a DWI Alcohol Education Program.

The financial and emotional stakes are high in DWI cases. A capable defense will offer better peace of mind during what can be a harrowing and uncertain time. Consider the 15 years of DWI representation that Atty. Herman Martinez offers. Consider the benefit of having that kind of expertise on your side.

The Martinez Law Firm

3730 Kirby Dr #909, 

Houston, TX 77098

Phone:(713) 489-9773

The Latest Numbers on Drunk Driving in the U.S.

An interesting graphic has recently been published, examining the 25 most populous cities in the United States and their rates for fatal accidents and drunk driving fatalities.

The graphic, seen here, starts by listing the 25 cities in order of population.  Then, using data from the National Highway Traffic Safety Administration, it reorders the cities in a series of three categories.  The first is the number of fatal traffic crashes per 1,000 people, the second is the number of fatal traffic crashes involving intoxication per 1,000 people, and the third covers the percentage of those fatal traffic accidents that involve intoxication.  The results, when compared like this, make for some interesting reading.

As the graphic's author notes, New York, while far and away the most populous of U.S. cities, is quite low when it comes to the other three categories.  The easy explanation there is that it's tough to get into an accident when everyone is driving at around 3 mph.

A little more surprising, though, were the relatively low numbers for Los Angeles.  While less than half the population of New York, common knowledge about the Los Angeles lifestyle would dictate that they probably have twice as many cars.  Despite this, however, their numbers of fatalities put them in the lower half of the top 25 cities, whether or not intoxication was involved.  We're not sure how they managed that.

More importantly to us, however, are the numbers for Houston.  The fourth largest city in the U.S. comes in 6th out of the big 25 when it comes to number of accident fatalities per 1,000 people.  Worse than that, Houston jumps to #3 (behind Detroit and Jacksonville) in number of accident fatalities involving intoxication per 1,000 people.  Finally, Houston is #2, trailing only Denver, when considering the percentage of traffic fatalities involving intoxication, at 46.8%.

These numbers will probably serve as a call to arms for those in these higher risk areas.  We can't imagine Detroit, Jacksonville, Houston, Phoenix and Dallas sitting idly by while they record the most fatal traffic accidents involving intoxication per capita.  Nor can we imagine Denver, Houston, Chicago, Phoenix and Dallas taking their top five finish in percentage of fatal crashes involving intoxication in stride.  If any cities are going to be cracking down on DWI, it's these.

Drunk driving is a very serious matter, as is an arrest for DWI.  For an experienced advocate in DWI cases, please feel free to contact us. Call (713) 489-9773

The Martinez Law Firm
3730 Kirby Drive 
Suite 909 
Houston, TX 77098 
Phone: (713) 489-9773

Thanks Santa!

Santa Clause came early to office this year. He was nice enough to leave behind a new Intoxilyzer 5000. This is the same machine that the Houston DWI law enforcement offices use to determine if someone is above the legal limit to drive a vehicle after drinking.

It is an advantage having a Houston DWI attorney with this machine. I have learned a lot about this machine over the years. Having one in the office is invaluable when defending DWI cases where the state is alleging that my client was over the legal limit when driving.

Feel free to contact me if you have questions about the Intoxilyzer 5000.

Happy Holidays!

A sad day in the Harris County Courthouse

I feel like the Houston, Harris County Courthouse is mourning today. The courthouse is a closed knit group of people. Most people respect each other and wish the best for everyone. It pains us when someone goes through a difficult period. Thus, it saddens everyone that Judge Don Jackson was found guilty of official oppression when he tried to strike up a relationship with a woman that was accused of DWI in his court. Judge Jackson was punished with a two year probation and has to serve 30 actual days in jail as one of the many conditions of his probation. Lastly, the judge was immediately barred from his position that he has had for the last 18 years. What a terrible way to end the year. My thoughts and prayers go out to him and his family.

Happy Holidays from the Harris County District Attorney's Office

The Harris County District Attorney's Office is feeling generous this holiday season. They are giving the citizens of Harris County a "no refusal weekend" for the rest of the year. The current schedule for the No Refusal program includes Thursday, Dec. 10; Friday-Saturday, Dec. 11-12; Thursday-Saturday, Dec. 17-19; Friday-Saturday, Dec. 25-26; and Friday-Saturday, Jan. 1-2.
Please keep in mind that the last four DWI no refusal weekends have resulted in over 900 DWI arrests in Harris County, Texas.

The imaginary line in a DWI arrest

As a Houston DWI Attorney I am constantly reviewing DWI video tapes. These video tapes show how a person performs the field sobriety tests. These are awkward tests that most people would never be doing in normal life, but they are suppose to be testing a person for clues to determine if the have lost their normal use of mental or physical faculties. One of the most annoying parts of the test for me is when a police officer asks a person to walk down an imaginary line. The officer does not indicate how wide this line is to the person when giving them the instructions, but counts it against them when the person steps off the imaginary line. I am always perplexed how the officer knows the width of the line if nothing was agreed to before the starting the test. For all we know that line may be two feet wide and the person never stepped off the line. Thus, an officer should give more detailed instructions in this phase of the tests before they say that this is an indication of intoxication.