Zendeh Del & Associates, PLLC


Zendeh Del & Associates, PLLC is a Galveston, Texas based law firm. We provide clients representation in criminal defense, family law, and personal injury cases.
*Principal Office in Galveston, TX*

409.740.1111
409.515.5007

Arrested?

Arrested? Contact the experienced criminal lawyers at Zendeh Del & Associates, PLLC

Family Matters?

Family Matters? Contact the experienced family lawyers at Zendeh Del & Associates, PLLC

Injured?

Injured? Contact the experienced personal injury lawyers at Zendeh Del & Associates, PLLC

Zendeh Del & Associates, PLLC Blog


Galveston Declares No Refusal Weekend During Fourth of July Holiday 2015

Galveston County Declares "No Refusal Weekend" During Fourth of July Weekend 2015

The Fourth of July, or Independence Day, is a federal holiday that celebrates the adoption of the Declaration of Independence on July 4, 1776. 

This year Galveston County has decided to celebrate independence and freedom by participating in a "No Refusal Weekend" for driving while intoxicated (DWI). Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County he may apply for a search warrant for your blood. Prosecutors, judges, and nurses will be working through the night to sign search warrants and take your blood.

If you have been pulled over for DWI in Galveston County, you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read our blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after the arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

Our phones are answered 24/7 and a live receptionist is waiting for your call. Don't delay, seek competent legal representation today. (409) 740-1111

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Fri, July 03, 2015 - 7:10:43

Galveston County Declares No Refusal DWI Weekend During Memorial Day Weekend 2015

Top Galveston DWI Lawyer
 Galveston DWI Lawyer

Galveston County Declares "No Refusal Weekend" During Memorial Day Weekend 2015

Memorial Day weekend is a time to honor men and women who died while serving in the United States Military.  Originally known as "Decoration Day," it originated in the years following the civil war and became an official federal holiday in 1971.  

This year Galveston County has decided to participate in a "No Refusal Weekend" for driving while intoxicated (DWI) during memorial day weekend. Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County  he may apply for a search warrant for your blood. Prosecutors, judges, and nurses will be working through the night to sign search warrants and take your blood.

If you have been pulled over for DWI in Galveston County you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read your blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after the arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

Our phones are answered 24/7 and a live receptionist is waiting for your call. Don't delay, seek competent legal representation today. (409) 740-1111

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Thu, May 21, 2015 - 7:44:11

Texas High Court Declares Mandatory Blood Draws Unconstitutional

Texas Court of Criminal Appeals Declares Mandatory Blood Draw Unconstitutional

State v. Villarreal No. PD-0306-14 (Tex. Crim. App. Nov 26, 2014)

In a 5-4 decision, the Texas Court of Criminal Appeals (CCA) - the highest court that hears criminal cases in Texas - ruled that a blood draw taken under the mandatory blood-draw statute, without a warrant, was unconstitutional.

Defendant in this case was arrested for felony DWI. His blood was taken without a warrant under the state statute allowing warrantless blood draws for repeat offenders (DWI Third or More). Prior to trial, his motion to suppress the blood was granted on the basis that Missouri v. McNeely made that warrantless blood draw unconstitutional. The State appealed.  The Court of Criminal Appeals agreed.

The CCA ruled that warrantless blood draws do not fall into any of the recognized exceptions to the Fourth Amendment’s warrant requirement for searches. The warrantless search of a person is unreasonable in this situation, where the primary purpose of the search is gathering evidence. The CCA also rejected the State’s argument that the warrantless blood draw was consensual under implied-consent.

If you have been pulled over for DWI in Galveston County you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read your blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after the arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

Our phones are answered 24/7 and a live receptionist is waiting for your call. Don't delay, seek competent legal representation today. (409) 740-1111

Bayou Vista DWI DUI Defense LawyersClear Lake Shores DWI DUI Defense LawyersDickinson DWI DUI Defense LawyersFriendswood DWI DUI Defense LawyersGalveston DWI DUI Defense LawyersHitchcock DWI DUI Defense LawyersJamaica Beach DWI DUI Defense LawyersKemah DWI DUI Defense LawyersLa Marque DWI DUI Defense LawyersLeague City DWI DUI Defense LawyersSanta Fe DWI DUI Defense LawyersTexas City DWI DUI Defense LawyersTiki Island DWI DUI Defense LawyersBacliff DWI DUI Defense LawyersBolivar DWI DUI Defense LawyersSan Leon DWI DUI Defense LawyersAlgoa DWI DUI Defense LawyersBayview DWI DUI Defense LawyersCrystal Beach DWI DUI Defense LawyersGilchrist DWI DUI Defense LawyersHigh Island DWI DUI Defense Lawyers


Posted Fri, May 01, 2015 - 11:29:42

Supreme Court Says Police Cannot Extend Traffic Stop for Drug Dog Sniff

IN THE SUPREME COURT OF THE UNITED STATES Rodriguez v. United States 575 US _____ (2015)

The issue in this case: whether police routinely may extend an otherwise-completed traffic stop, absent reasonable suspicion, in order to conduct a dog sniff.

The answer: NO.

Police violated the suspect's 4th Amendment when they extended a stop to perform a dog-sniff of the vehicle, which was stopped for a traffic violation.

In this case, the K-9 was in the police cruiser with the officer when he stopped a car for a routine traffic violation. The driver refused to consent to a dog-sniff. The cop called for backup. The extended time violated the driver’s 4th amendment rights, according to the Court.

The opinion, written by Justice Ruth Bader Ginsburg, stated that “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.” The court held that “[a]bsent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures.”

The court concluded that there must be additional, articulated reasonable suspicion in order to detain a person beyond the time it takes to conduct the investigation of the traffic violation. "The critical question is not whether the dog sniff occurs before or after the officer issues a ticket, but whether conducting the sniff adds time to the stop.”

This is a great case for the 4th amendment.

Were you stopped and did police run a drug dog around your car? If so, call our office today to discuss your options.


Posted Thu, April 23, 2015 - 7:53:25

Galveston County Declares DWI “No Refusal” For Mardi Gras 2015

Top Galveston DWI Lawyer
 Galveston DWI Lawyer

Galveston County Declares "No Refusal Weekend" During Mardi Gras 2015

This year Galveston County has decided to participate in a "No Refusal Weekend" for driving while intoxicated (DWI) during both weekends of mardi gras. Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County then he may apply for a search warrant for your blood. Prosecutors, judges, and nurses will be working through the night to sign search warrants and take your blood.

If you have been pulled over for DWI in Galveston County you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read your blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after the arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

Our phones are answered 24/7 and a live receptionist is waiting for your call. Don't delay, seek competent legal representation today. (409) 740-1111

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Fri, February 06, 2015 - 1:07:21

Galveston County Declares DWI “No Refusal” on New Year’s Eve 2015

Galveston County Declares "No Refusal Weekend" On New Year's Eve 2015

 Galveston County DWI DUI Lawyers
Galveston County DWI DUI Lawyers

Galveston County declares "No Refusal" for driving while intoxicated (DWI) on New Year's Eve. Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County then he may apply for a search warrant for your blood. Prosecutors, judges and nurses will be working through the night to sign search warrants for blood draws and to take your blood.

If you have been pulled over for DWI in Galveston County, you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read our blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after your arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, you need an experienced Galveston County DWI defense lawyer on your side.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, read our DWI page and call our office today. Calls are answered 24/7 by a live operator. Don’t wait; call today. 409-740-1111.

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Wed, December 31, 2014 - 10:21:21

Galveston Biker Rally 2014 DWI DUI Lawyers - GALVESTON DECLARES NO REFUSAL WEEKEND

Each year Galveston, Texas is host to Lone Star Biker Rally. During this four day event, thousands of people visit Galveston Island on motorcycles. This year, Galveston County has declared biker weekend a "no refusal weekend.”

 Galveston DWI DUI Motorcycle Lawyers
Galveston DWI DUI Motorcycle Lawyers

During a no refusal weekend, judges, prosecutors, and nurses will be on standby to sign warrants and draw your blood if you are suspected of drinking and driving your vehicle or motorcycle.

If you were pulled over by a police officer who suspected that you may be under the influence of drugs or alcohol, you may have been subjected to a blood draw. Just because the state got a warrant for your blood doesn’t automatically make it admissible in court; that’s just the beginning of the fight.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County (Bayou Vista, Clear Lake Shores, Dickinson, Friendswood, Galveston, Hitchcock, Jamaica Beach, Kemah, La Marque, League City, Santa Fe, Texas City, Tiki Island, Bacliff, Bolivar Peninsula, San Leon, Algoa, Bayview, Crystal Beach, Gilchrist, High Island, or Port Bolivar), you need an experienced Galveston County DWI defense lawyer on your side.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, read our DWI page and call our office today. Calls are answered 24/7 by a live operator. Don’t wait; call today. 409-740-1111.

What should you do if you have already been arrested for DWI during biker rally? CLICK HERE http://www.galvestonjustice.com/dwi/

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Fri, November 07, 2014 - 7:46:15

Murray v. State - Running Parked Car Insufficient to Prove “Operation” of Vehicle for DWI

Murray v. State, No 07-13-00356-CR (Texas. App. – Amarillo June 26, 2014) – The evidence at trial was legally insufficient to support a conviction of Murray Driving While Intoxicated. No direct or circumstantial evidence appeared of record enabling a reasonable fact finder to infer that Murray operated his vehicle while intoxicated. Conviction overturned.

The state must prove its DWI case beyond a reasonable doubt. The state must prove that Murray was “intoxicated while operating a motor vehicle in a public place.” Texas Penal Code 49.04(a).

Here, DPS Troopers found Murray with his seat reclined in his truck, parked in a private driveway with the radio on. A portion of the truck extended into the shoulder of the roadway, but not the roadway. The truck’s transmission was in park, although the engine was running.

There were no open containers in or around the truck. It was unknown how long the vehicle had been there, and the trooper did not see the appellant operating the truck. Because the transmission was not engaged, there were no admissions by the appellant to driving, the truck was not actually in the roadway, the truck was not in a lane of traffic, and because there was no evidence that the appellant tried to “manipulate the vehicle’s controls,” there was not enough evidence for the State to prove the case beyond a reasonable doubt. There was no evidence as to when or how the truck ended up where it did, and therefore no evidence as to who was driving and whether he or she was intoxicated.

Murray’s DWI conviction was overturned by the Court of Appeals

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, read our DWI page and call our office today. Calls are answered 24/7 by a live operator. Don’t wait; call today. 409-740-1111.

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Mon, October 27, 2014 - 1:02:36

Galveston County Declares No Refusal For Labor Day Weekend 2014

 Galveston County DWI Lawyers
Galveston County DWI Lawyers
 Galveston County DWI Lawyers
Galveston County DWI Lawyers
Top Galveston DWI Lawyer
Top Galveston DWI Lawyer

Galveston County Declares "No Refusal Weekend" During Labor Day Weekend 2014

This year Galveston County has decided to participate in a "No Refusal Weekend" for driving while intoxicated (DWI) this year’s Labor Day weekend. Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County then he may apply for a search warrant for your blood. Prosecutors, judges and nurses will be working through the night to sign search warrants for the blood draws and to take your blood.

If you have been pulled over for DWI in Galveston County, you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read our blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after your arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, you need an experienced Galveston County DWI defense lawyer on your side.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, read our DWI page and call our office today. Calls are answered 24/7 by a live operator. Don’t wait; call today. 409-740-1111.

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Fri, August 29, 2014 - 5:17:10

Mandatory Blood Draw is Invalid - Warrant Required for Blood Draw in Texas

Antonio Aviles was arrested for suspicion of DWI. Police stopped him after swerving across lanes of traffic. Upon contact the officer noted bloodshot eyes, slurred speech, and that Aviles was unsteady on his feet when the officer asked him to get out of the car. The officer performed HGN, walk and turn, and one leg stand SFSTs. After doing so, the officer arrested Aviles on suspicion of DWI.

After discovering Aviles had two prior convictions for DWI, the officer asked Aviles if he would voluntarily submit to a breath or blood specimen. Aviles declined. The officer then took Aviles for a blood draw under the mandatory blood draw statute in Texas. The statute allowed for law enforcement to obtain a specimen without consent when a person has two prior DWI convictions.

After initially upholding the ruling of the trial court denying his motion to suppress the blood result, the Fourth Court of Appeals overturned that ruling. The court stated that the statute created a categorical rule that is impermissible under McNeely v. Missouri. The statute does not take into account the totality of the circumstances. The state must prove that a warrantless blood draw is reasonable under the totality of the circumstances, and that an exception to the warrant requirement exists. The statute alone is not a permissible exception to the warrant requirement. Because of this, the blood draw in this case was an impermissible search and seizure.

The court reversed the ruling of the trial court, and remanded for a new trial. The blood evidence is not admissible at his DWI trial.

If you have been charged with Driving While Intoxicated (DWI) in Galveston County, read our DWI page and call our office today. Calls are answered 24/7 by a live operator. Don’t wait; call today. 409-740-1111.

Bayou Vista DWI DUI Defense Lawyers, Clear Lake Shores DWI DUI Defense Lawyers, Dickinson DWI DUI Defense Lawyers, Friendswood DWI DUI Defense Lawyers, Galveston DWI DUI Defense Lawyers, Hitchcock DWI DUI Defense Lawyers, Jamaica Beach DWI DUI Defense Lawyers, Kemah DWI DUI Defense Lawyers, La Marque DWI DUI Defense Lawyers, League City DWI DUI Defense Lawyers, Santa Fe DWI DUI Defense Lawyers, Texas City DWI DUI Defense Lawyers, Tiki Island DWI DUI Defense Lawyers, Bacliff DWI DUI Defense Lawyers, Bolivar DWI DUI Defense Lawyers, San Leon DWI DUI Defense Lawyers, Algoa DWI DUI Defense Lawyers, Bayview DWI DUI Defense Lawyers, Crystal Beach DWI DUI Defense Lawyers, Gilchrist DWI DUI Defense Lawyers, High Island DWI DUI Defense Lawyers


Posted Wed, August 27, 2014 - 2:08:38

Galveston Declares No Refusal Weekend During Mardi Gras 2014 - Galveston DWI Lawyer

 Galveston DWI DUI Lawyers
Galveston DWI DUI Lawyers

Galveston County Declares "No Refusal Weekend" During Mardi Gras 2014

Mardi gras is a fun time for Galveston. Galveston hosts the third largest mardi gras celebration in the country. Hundreds of thousands of people are expected to attend this year, especially considering the nice weather that is expected.

This year Galveston County has decided to participate in a "No Refusal Weekend" for driving while intoxicated (DWI) during both weekends of mardi gras. Under the no refusal program, if an officer has probable cause to believe that you are driving while intoxicated in Galveston County then he may apply for a search warrant for your blood. A mobile station with a prosecutor and judge will be preparing and signing search warrants for the blood draws.

If you have been pulled over for DWI in Galveston County, you need an experienced Galveston DWI defense lawyer. Read more info on Driving While Intoxicated, then call our office to discuss your options. Also read your blog entry entitled "Arrested for DWI in Galveston County, Texas - KNOW YOUR RIGHTS AND KNOW THE LAW".

If you are arrested for driving while intoxicated in Galveston, you have only 15 days after the arrest to request a hearing on the suspension of your driver's license. Contrary to popular belief, your driver's license is not automatically suspended.

Call our office if you are caught having too much fun during mardi gras on Galveston Island.

Our phones are answered 24/7 and a live receptionist is waiting for your call. Don't delay, seek competent legal representation today.  (409) 740-1111.


Posted Fri, February 21, 2014 - 10:04:33

Johnson v. State - Defendant Was Detained And Entitled to Fourth Amendment Protections

The officer's actions in using a loud authoritative voice to speak with the defendant, asking "what's going on," and demanding identification, manifested a detention that implicated Fourth Amendment protections. Johnson v. State, No. PD-0209-12 (Tex.Crim.App. Dec 11, 2013).

On review of the denial of the defendant’s motion to suppress evidence that led to his marijuana conviction, the Court of Appeals erred in holding that the officer did not detain the defendant.

The Court of Criminal Appeals, the highest criminal court in the State of Texas, held that under the totality of the circumstances, as properly reviewed de novo, a reasonable person would not have felt free to leave.

The officer shined a high-beam spotlight onto a the defendant, who was sitting in a parked vehicle, and parked the police car in such a way as to at least partially block the vehicle such that the defendant would have had to "maneuver" around the police car to drive away. The officer also used a "loud authoritative voice" in speaking with the defendant, asking "what's going on," and demanded identification. Given these facts, under the totality of the circumstances, the defendant was “detained” for fourth amendment purposes.

The Court of Criminal Appeals reversed the Court of Appeals and remanded the case to the Court of Appeals to consider the trial court's determination that officer had reasonable suspicion to detain the defendant, and to decide whether that detention was valid.


Posted Tue, January 14, 2014 - 7:21:28
 1 2 3 >  Last ›


If you see this, leave this form field blank and invest in CSS support.