DWI 2nd Offense

If charged with a DWI 2nd Offense in Houston, TX, call defense attorney Carl Haggard at 832-328-0600 today for a free one-on-one evaluation of your case.

DWI 2^nd – Failed Field Sobriety Test Due to Extreme Fatigue
Case No. 1995989 – Danny G.

Dismissed

Danny fell asleep in a Jack in the Box drive thru from exhaustion after working long shifts out of town. When an employee woke him up he drove away slowly and erratically, hitting curbs, until stopped by police. The arresting officer – not a drug recognition expert – claimed he smelled and saw synthetic marijuana. Rolling papers, cigarettes and a green leafy substance were found in Danny’s vehicle. Danny admitted to smoking it but not that night. Using blood evidence we proved Danny was lethargic, almost incoherent and failed all Field Sobriety Tests due to sleep deprivation.

DWI 2^nd – Blood Draw
Case No. 1877242 – Johnny L.

COURT TRIAL VERDICT: NOT GUILTY

This was Johnny’s 2^nd time to hire HLF and our 2^nd case win for him. (See Attempted Sexual Assault.) An 18 pack of beer, half gone, and 2 cold open beers were discovered in his car at the scene. He had slurred speech, a strong odor of alcohol and failed the Sobriety Test. A Search Warrant was obtained to draw his blood at Memorial Hermann the results of which “proved” intoxication. The State was prepared to use his priors and his pending case against him at Trial. Johnny was on a budget and could not afford the blood draw expert we recommended but the State had several hired guns in blood analysis, toxicology, extrapolation, and fingerprint ID from HPD Crime Lab and Harris County Forensic Sciences, and an expert in blood draw protocols from Memorial Hermann, all lined up and ready to testify. We filed well-researched blood draw Motions, Discovery, issued subpoenas for the blood draw records and chain of custody evidence, prepared our witnesses and were ready to tee it up without an expert when the State, despite their many experts, caved. Prior to Trial, Johnny had declined a lengthy Probation. When our clients turn down a sure deal like Probation for a not sure deal like Trial we have them acknowledge the risks. Johnny signed and added, “I just want this case dismissed”. Our preparation and pre-Trial handling of the case got him just what he wanted.

Mr. Haggard basically saved my life which I put into his hands. I didn’t have enough money for an expert witness on the blood draw but Mr. Haggard didn’t back down and continued to fight hard without experts. On the morning of Trial we won. Mr. Haggard is an awesome attorney. I am so grateful and happy I hired him and would recommend him to everyone who wants justice. His reputation as a great trial attorney is deserved. I understand that the prosecutors hardly ever dismiss blood draw cases.
~ Johnny L.

DWI 2^nd
Case No. 1851490 – Randy L.

DISMISSED

After a patron called police to report Randy had assaulted him, police discovered him asleep in his parked car outside a bar with the keys in the ignition. While this circumstance was enough to win his ALR driver’s license hearing – as there was “insufficient evidence Defendant was operating a motor vehicle in a public place while intoxicated” –  it was not enough for the DWI. This was Randy’s 3^rd DWI arrest. The first one was dismissed after Divert and the 2^nd one reduced. Randy’s luck had not yet run out, however, since our legal research of DWI videotaping case law convinced the DA’s to dismiss rather than go to Trial on a bungled HPD SFST video: For Texas DWI’s, there is a statutory mandate to video tape the Field Sobriety Tests in counties of 25,000 or more, the State has a duty to preserve both material, exculpatory evidence as well as potentially useful evidence, and the Court should consider “the degree of negligence or bad faith” {Pena v. State, 226 S.W.3d 634, 651-53} in cases where this is not done.  Randy had immigration issues – he was a Canadian citizen – and he was facing 2 years probation with the breath interlock and a steep fine.  After a protracted fight with the DA’s office on this legal technicality, and preparing to go to trial, our legal research and argumentation won the day and we walked out with our Dismissal.

DWI, ENHANCED – PRIOR CONVICTION for DWI
Case No. [Expunged by Mr. Haggard.] – Henry K.

COURT TRIAL VERDICT: NOT GUILTY

Our client was found asleep – police claimed “passed out” – in a shopping center parking lot while waiting for his wife to arrive in her car. The Judge commented that Mr. Haggard‘s examination of the arresting officer was “torture”.

Mr. Haggard was very professional in court. He made all the right calls and did a very good job. I didn’t even have to testify. I was very confident in him from start to finish.
~Henry K.

DWI 2^nd Arrest- BT REFUSAL/SFST FAILURE
Case No. 1659042 – Thomas T.

DISMISSED

Thomas doubted whether we could pull off another Dismissal [see below]. His friend was intoxicated and had asked Tom to drive. In what sounds like one of the best “yeah yeah sure sure a likely story” stories we’ve heard in a long time, Tom informed us that the huge swerve he was pulled over for making was actually caused by his intoxicated passenger who grabbed the wheel. Tom failed the sobriety test. The police didn’t buy it. We made sure the DA’s did. Two DWI Dismissals in four months… we pulled it off but – Tom – don’t do it again!

DWI 2^nd – BT and SFST REFUSAL
Case No. 1659042 – Russell J.

DISMISSED

Russell was stopped for speeding after leaving a sports bar. He refused everything – breath and field sobriety tests. The Offense Report stated he had a blank stare and was uncooperative – usual indices of intoxication. When told to cooperate or he would be arrested his only reply was, “Let’s go.” Moreover, he stated that he had just left his girlfriend’s house whereas a large part of our defense was witness testimony from several drinking witnesses at the bar he had just left. Despite the obvious lie to police and the lack of cooperation, we were able to argue this DWI 2^nd charge to Dismissal with the aid of drinking witness testimony backed up by an Affidavit of Business Records from Russell’s credit card issuer verifying the amount of alcohol purchased from the bar.

DWI 2^nd – BT Failure
Case No. 1642218 – Gilbert E.

DISMISSED

Gilbert was stopped after a concerned citizen called police saying that he was swerving. He failed the breath test and admitted to Wild Turkey with friends at a bar. We beat this 2^nd DWI for him by arguing that he passed the Rhomberg and walk and turn tests on his field sobriety video as well as using the extrapolation defense.

DWI 2^nd
Case No. 1548825 – Ruben G.

DISMISSED

Ruben was stopped for speeding at 2:30 a.m. – prime time for DWI task force police – after downing six beers at a club with friends. Not surprisingly, he failed many of the sobriety tests at the scene. Our defense included exploitation of problems with the protocols the police used in gathering the evidence at the scene.

DWI 2^nd
Case No. 1371903 – Michael S.

DISMISSED DURING TRIAL

Our client had been drinking with a real estate client but did not feel he was intoxicated. His prior DWI had ended in probation only 2 years ago and he was not willing to go through that again, so he hired Mr. Haggard to take the case all the way to Trial if necessary.