HOW TO GET A DWI CASE DISMISSED BY THE JUDGE

I am continually asked by people, “Brock, is it possible to get a driving while intoxicated (DWI) charge dismissed?” That question usually arises in my office from dry, shaky lips delivered in a hushed tone devoid of hope. Well, the answer to that nervous inquiry is “You bet a DWI can be dismissed!”

The 4th Amendment to the United States Constitution protects individuals from “illegal search and seizure” by the government. Most people have heard the term illegal search and seizure since grade school and believe that this protects one’s personal property from being invaded by the government. That is absolutely correct.

What most do not realize is that 4th Amendment also applies to an individual person. Meaning, that the government cannot illegally “search or seize” a person. But how does this apply to DWI you ask…..

When a person is stopped for speeding, broken taillight, or DWI then the 4th Amendment applies. When you are stopped by the police (who are the government) your person has been “seized” by the government.

In a person’s DWI case, they are entitled to have a hearing before the judge to determine if they were illegally stopped/seized by the arresting officer for Driving While Intoxicated (DW). If the judge determines that the stop was illegal, then one’s DWI case will be dismissed even if the person is guilty of the crime.

Anyone who watches the Dallas news is fully aware of the recent murder of Frisco Texas resident Susan Loper. Miss Loper, a pilates instructor at Gleneagles Country Club in Plano Texas, was murdered and her mutilated body found in a wooded area in Frisco. Miss Loper was last seen in the early morning hours at the Plano country club were she worked. Police found the pilates studio in disarray. Multiple 9mm bullets and fresh blood, believed to be Loper’s, was found in the area. The prime suspect is Terrance Black, Loper’s ex-boyfriend.

Terrance Black is now in custody after being found in Arizona. He was found at the Grand Canyon where he was panhandling. When confronted by law enforcement he jumped off a ledge, plummeting 25 feet to the rocky ground below. Black sustained back and neck injuries and is currently in the intensive care unit of an Arizona hospital.

Seems like a pretty cut and dry criminal case. Jealous ex-boyfriend kills the girl, flees to the Grand Canyon, then attempts a low rent Thelma & Louise suicide to avoid criminal prosecution, and in Texas, an eventual life sentence.

I have been asked, “What do you think Brock, will this guy get the death penalty?” Well, the answer to that is “No”. In fact, he is not eligible for the death penalty at this point. That may change depending on what the Police investigation turns up.

The question people should be asking is, “Brock, what evidence do the police have that proves this guy killed her?” I don’t know if Terrance Black is guilty of murder or not and I will not pass judgment until I see evidence that proves beyond a reasonable doubt that he committed this crime. At this point all I know is that he was an alleged jealous ex-boyfriend who jumped off a bridge in Arizona.

Was her blood found on his clothes, in his car, house, etc.?. Did he own a 9mm pistol? If so did lab analysis match the bullets to his gun? Where was he on the morning of the murder? Was he already in Arizona? Was he with people that can testify to his whereabouts? Were his fingerprints found at the country club, on her property, etc..? What is it that directly links him to the actual murder? I have known lots of jealous people but I have never known one to be a murderer. The story makes for great news and I’m sure the news stations rankings are rising. But that is why they are the media and not police or criminal lawyers. The media gives half-truths and leads people to believe the story that is the most entertaining.

If Terrance Black committed this crime then he deserves whatever happens to him. But in the United States, we are all “innocent until proven guilty”. Even Terrance Black deserves a fair trial in a criminal court. Nobody deserves to be tried by the media. Keep an open mind folks and lets wait until we hear all the facts before we convict.

According to the Associated Press (AP) Willie Nelson was arrested on November 26, 2010 in a Texas border town for the criminal offense of Possession of Marijuana. Is anyone surprised that Willie got caught with some pot? Actually, is it even a crime for Mr. Nelson to possess marijuana in Texas? I heard a rumor that Willie Nelson was granted a license by a former Texas governor, sometime in the mid to late 1970’s, allowing him to possess and use as much marijuana as he deemed fit within the legal boundaries of the State of Texas. Did anyone else hear that one?

Anyway…back to the facts at hand. Willie was arrested in a Texas border town and (according to the press) the prosecutor stated that Willie could resolve the criminal charges by coming to court, admitting guilt, paying a fine, and singing his hit song “Blue eyes crying in the rain”. The local judge further stated that Willie would be required to appear in court.

Willie, sounds like you finally got caught. Let this be a lesson to you. Dirty pot smoking no-count hippie bullshit will get you nowhere in life. You are a dangerous criminal who has been allowed to run rampant through Texas for too long. Time to pay up boy. You have brought nothing but pain, suffering, heartache, and headaches to the parents and families of those subjected to your filth and the man wants his take. (Just so we are clear, this is an attempt at humor)

The point of this post is to scold the media. In days of old, National Enquirer tactics were frowned upon. Seems like today its not news unless it makes somebody look bad. Good solid news work guys, the judge and prosecutor look star struck. You so called guardians of free speech and 1st Amendment integrity succeeded in portraying a judge and prosecutor as headline seeking prima donnas looking for a private performance from the man. Not the case and you were well aware of that fact before you went to print. But hey, it sounded good and made a little bit of cash.

Willie Nelson is responsible for inspiring and contributing to people and organizations throughout not only Texas but the entire country. Willie smokes weed and he isn’t going to stop until he dies. We all know it… that’s just Willie. Unfortunately it is a crime in Texas and Willie will have to answer for it…maybe.

What would possess an attorney to create a blog page? By rumor, by reputation, and mostly by the experience, lawyers are viewed, as stylish misfits comprised mostly of vanity and a raging addiction to the spotlight. Well, I can’t say that the title wasn’t earned and I won’t argue with it either…. Imagine that, a lawyer who concedes something.

I created this blog page simply to speak my mind and offer an interesting point of view to my clients, the general public, and possibly even some fellow attorneys. I purposely use the word “point of view” because I may be right and I may be wrong. In my experience, that determination is made by the collective audience with the most important factor being their own “point of view”.

So here is what you can expect and here is what you will get. A truly neutral take on crime, politics, pop culture, family values, misdeeds, misgivings, crooked cops, crooked souls, nasty lawyers, worthless judges, courageous police officers, honorable judges, heroes, villains, bad parenting, political correctness, political incorrectness, the bullshit that is known as “politically correct”, war, peace, life, liberty, the pursuit of happiness, the internet, technological advancements, drunks, teetotalers, prophets, sinners, Baptists, Catholics, Pentecostals, and yes grandma even the Methodists, Jews and Hebrews, Buddhists, white people, black people, yellow people, green people, brown people, purple people, red people, ladies and gentlemen, men and women, great lawyers, amazing attorneys, tales of victory, sorrow, sadness, overall madness, cats, dogs, crime, love, cars, trains, pickup trucks, luck, truth, and whatever else I feel is necessary to get the point across.

Strap your boots on folks…this should be fun!