Is “Necessity” a Possible Defense to a DWI Charge?

October 19th, 2021 by Tad Nelson in Drunk Driving, DWI

Drunk driving is considered a “strict liability” offense in Texas. This means that your mental state is generally irrelevant. The prosecution does not need to prove that you intended to drive drunk. The state only needs to prove (a) that you were legally intoxicated and (b) you were operating a motor vehicle. Court of Criminal […]

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Will a Court Dismiss a DWI Case if the Arresting Officer Admits They Lacked Probable Cause?

September 16th, 2021 by Tad Nelson in Drunk Driving, DWI, Understanding Texas Law

Normally, a police officer must have “probable cause” to arrest someone on suspicion of DWI or drunk driving. If the officer does not have probable cause, then the arrest is illegal. But can a judge determine probable cause existed even if the arresting officer later admits in court that he did not? This may seem […]

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Chain of Custody Violations in Your DWI Case

April 14th, 2021 by Tad Nelson in DWI

In Texas, when physical evidence is collected at the scene of an alleged crime, that evidence must be marked, stored, transported, and collected in a certain way. Law enforcement officers, for instance, must be able to demonstrate that any evidence they collected wasn’t corrupted, mixed-up, or lost and was accounted for during collection, transportation, and […]

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