Collin, Dallas or Denton County DWI: 3 DWI breath tests “wins” for the month of May by Plano DWI lawyer Troy Burleson
By Collin, Dallas and Denton County DWI Attorney Troy Burleson
May was a good month at the office for DWI breath test cases. I had three “wins” this month on cases in which my clients all gave breath tests over the legal limit. As I have reported in this blog, there are many reasons why you should set a breath test case for trial and many ways in which a good, well-prepared attorney can “win” a breath test case over the legal limit.
In the month of May, I won three different breath test cases in three different ways. In the first case, prosecutors offered my client a reduction of his DWI charge half way through the trial. This is very unusual. But, after a very good voir dire and a precise cross-examination of the State’s witnesses, my client was offered, and accepted a plea on a lesser charge that was not a DWI, would not go on my client’s permanent record, and would not result in a deep lung device being required on my client’s vehicle. My client saved thousands of dollars and will not have a conviction a result of this “win”. This was a good “win” especially in light of the fact my client’s breath test score was over twice the legal limit.
The second win in May came as a result of a pre-trial motion challenging the validity and legality of the officer’s reason to stop my client. After a hearing on the merits of the motion, the presiding judge agreed with my legal argument and ruled that my client was stopped illegally without reasonable suspicion. Further, the judge ruled that the State could not use any evidence that the officer gathered against my client as a result of this illegal stop. That evidence included the breath sample my client provided that was twice the legal limit. After the hearing and subsequent ruling, the State dismissed all charges against my client. He now has a right to have the entire arrest expunged from his record.
Finally, I obtained a not guilty verdict for a client after a trial on the merits of his case. My client gave a breath test that was well over the legal limit. However, I was able to raise a reasonable doubt as to my client’s guilt after very good cross-examinations of the State’s witnesses. The verdict came back NOT GUILTY! Again, my client now has a right to an expunction of his arrest.
As I have said before, there are many ways in which a breath test case can be “won.” Winning three breath test cases in one month is not easy, especially when test results in all three are well over the legal limit. However, it can be done. So, don’t be talked into a plea of guilty if you truly believe you are not guilty! And, don’t let ANYONE tell you that a breath test case can’t be won!