So That's What SOAH Stands For
Administrative Law Judges handle all sorts of cases for the State Office of Administrative Hearings – aka SOAH - from the tremendously boring, such as boat motor sales and use tax cases, to the no doubt endlessly fascinating scenarios where a trucking company is alleged to have failed to carry a required certificate of registration. (I know so little about those cases that I can barely understand what is written in the previous sentence; frankly, I cribbed it from the “about us” page on the SOAH website.)
Of course, they also handle license revocations arising out of DWIs. I got to my ALR this week a little early, and stuck my head in a different courtroom than the one my client’s case was being heard, to chat with a Judge. He handed me a printout of this – sorry, just click the link – it’ll look better from the original website than if I try to cut and paste it into a little box on this blog.
Apparently that site is all the rage on whatever informal listserv the subset of ALR Administrative Law Judges use. Probably the others too, but it seems most (least?) appropriate for the DWI court personnel.
Of course, they also handle license revocations arising out of DWIs. I got to my ALR this week a little early, and stuck my head in a different courtroom than the one my client’s case was being heard, to chat with a Judge. He handed me a printout of this – sorry, just click the link – it’ll look better from the original website than if I try to cut and paste it into a little box on this blog.
Apparently that site is all the rage on whatever informal listserv the subset of ALR Administrative Law Judges use. Probably the others too, but it seems most (least?) appropriate for the DWI court personnel.
Witness Chicken (The Police Version)
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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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?”
Continue Reading...
SCRAM Violation? Maybe, Maybe Not...
From an out of state commenter:
I received a summons today to appear in court next week. The papers did not even include what the appearance would be for. I have been on the SCRAM bracelet for two months now. This is the second time that I have been notified of violation of the bracelet.Continue Reading...
The first was just a failure to download. I just received a prerecorded phone call for that violation, "no biggy." Today when I called the court house to find out why I had to appear, I was informed it was a violation from SCRAM.
DWI Defendants Are Coming! Away! Which Way?
Just in from a marketer via email, with the title line “Thousands of DUI Defendents are Coming!”:
Because we are the #1 Google ranked DUI/DWI website, thousands of DUI/DWI defendents[sic – I couldn’t bring myself to misspell it in the title of my post though] will come to our site next week looking for an attorney. Will you get your share?Continue Reading...
The Will Of The People
Here’s the text of the resolution, along with my running commentary , on last week’s City Council agenda regarding the possibility of Austin police officers - instead of registered nurses or otherwise medically qualified and trained personnel - collecting blood specimens from DWI suspects:
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WHEREAS, the State of Texas allows peace officers to collect breath and blood specimens as evidence for prosecuting people suspected of operating a motor vehicle while intoxicated through Texas Transportation Code §724.012, and Texas Code of Criminal Procedure Article 18.01; andSince there’s already an implied consent statute, and a law governing search warrants…
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A Not So Anonymous Tip
The 911 call:
Caller: Somebody's really drunk driving down Granton Road."Continue Reading...
Dispatch: Okay are you behind them, or...
Caller: No, I am them.
Dispatch: You am them?
Caller: Yes, I am them.
Sprung From Cages Out On Highway Nine
From the “Tramps Like Us” version of passed-out-while-intoxicated comes this “DWI” arrest out of New Jersey:
A Holmdel man was charged with driving while intoxicated after police found him lying on the grass near his parked car, police said today…Continue Reading...
