Jerry W Melton, Attorney At Law. Free Initial Consultation

Dallas Texas Family Attorney, Criminal Attorney, Civil Attorney, Free Initial Consultation
 

2 Galleria Tower
13455 Noel Road, Suite 1000, Dallas, TX 75240
Telephone: (972)980-8000
E-Mail: JerryMelton@jerrymelton.com

  

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Texas DWI Law Specifics

  1. STOP, ARREST AND PRE-STATIONHOUSE STATEMENTS 

    1. STOP AND ARREST - BURDEN OF PROOF

    2. DWI STOP - REQUIRES REASONABLE SUSPICION ONLY

    3. STOP FOR TRAFFIC VIOLATION ONLY

    4. CITIZEN'S STOP - REQUIRES PROBABLE CAUSE

    5. CCA REJECTS “AS CONSISTENT WITH INNOCENT ACTIVITY…” TEST

    6. APPLICABILITY OF HEARSAY RULE TO SUPPRESSION HEARING

    7. HEARING ON MOTIONS ALONE WITHOUT EVIDENCE

    8. STOP - TESTIFYING TO FELLOW OFFICER'S DECISION

    9. STOP - FELLOW OFFICER'S DIRECT COMMUNICATION

    10. STOP - BROADCAST THRU DISPATCHER FROM OFFICER

    11. STOP - UNNAMED INFORMANT'S COMPLAINT THRU DISPATCHER

    12. STOP - INFORMANT WHOSE IDENTITY IS OBTAINED

    13. STOP - COMMUNITY CARETAKING FUNCTION ADOPTED

    14. STOP - CHECKPOINTS/ ROADBLOCKS

    15. DETENTION - LIMITS ON LENGTH AND PURPOSE APPLY TO FST'S

    16. DETENTION - NON-MOVING VIOLATION & ALCOHOL ODOR

    17. DETENTION - DRINKING WHILE DRIVING AS SOLE BASIS

    18. DETENTION - SPEEDING AND ODOR OF ALCOHOL

    19. ARREST - WHAT CONSTITUTES UNDER TEXAS LAW

    20. ARREST - MISDEMEANOR LIMITATIONS

    21. DWI IMPLICATIONS OF ABOVE - DRIVING NOT OBSERVED BY OFFICER

    22. CONCLUSORY = INSUFFICIENT

    23. ARREST - OFFICER'S JURISDICTION EXCEEDED

    24. ARREST - LIMITS BY CLASSIFICATION OF MUNICIPAL CHARTER

    25. ARREST - SPECIALLY COMMISSIONED POLICE AUTHORITY EXCEEDED

    26. ARREST - OFFICERS FUNCTIONAL AUTHORITY EXCEEDED

    27. ARREST - IMPAIRMENT ARGUABLY DUE TO COLLISION INJURIES

    28. ARREST - RESIDENCE ENTRY LIMITATIONS

    29. "CUSTODIAL" ORAL STATEMENTS AT TIME OF INVESTIGATION

    30. ARTICLE 38.23's - EXCLUSIONARY RULE INAPPLICABLE TO TREATIES

    VIDEOTAPE

    1. DEFENDANT'S RIGHT TO A COPY

    2. INVOCATION OF CONSTITUTIONAL RIGHTS IS INADMISSABLE

    3. INTERROGATION ANSWER OBTAINED IN VIOLATION OF ASSERTED RIGHTS TO COUNSEL

    4. THE EDWARDS "INITIATION BY ACCUSED" ISSUE

    5. INITIATION BY ATTORNEY

    6. CONSULTATION PRECEDING INTERROGATION

    7. AUDIO PORTION OF TAPE

    8. ALPHABET AND COUNTING-TEXAS

    9. PRE-JURY SCREENING BY COURT

    10. SHOWING DEFENDANT HANDCUFFED

    11. RELEVANCY TEST - EXCLUSION

    12. VIDEO/AUDIO PREDICATE

    13. JURY REQUEST TO REVIEW VIDEOTAPE

    14. GUILTY PLEA - ADMISSIBILITY OF VIDEO AT PUNISHMENT STATE

    15. VISUAL RECORDING EQUIPMENT REQUIREMENT

    16. FAILURE TO VIDEOTAPE - CONSEQUENCES

    17. DEFENDANT'S REFUSAL TO DO SOBRIETY TESTS

    18. VIEWING DURING DELIBERATIONS

     

 



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