DWI Today

What is happening in the world of DWI today ? Pure insanity. Injustice. Here is a taste of what the inner workings of the judicial system is on DWI in just the past few weeks in Tarrant County , Texas. Fort Worth (seat of Tarrant County) is so proud of their wild west heritage that the police cars say: "Fort Worth: Where the West Began." Thankfully I do not report the same level of unfairness and injustice in Dallas County.

A couple of weeks ago I had a DWI trial where my client hired an accident investigator to explain to the jury relevant circumstances: shock, spinning across 7 lanes of traffic could be caused by the other car that hit her going too fast (and the victim dared not show up to court to testify), the effects of accidents physically and mentally on people (of course the da argued all her signs of shock were intoxication). The judge would not let him testify even though he was a retired cop, performed thousands of accident investigations and was trained by the expert that the state uses. Not only did the judge not allow him to testify but the DA personally tried to go after him for perjury saying he did not have a private investigator license which he did (the state had just not updated their website to include recently licensed people). How do I know ? Because the state's cop expert that trained him was called by the DA and told him this. Sick. He did have a private investigator license and they simply wanted to ruin him because he now testifies for the defense. Now I believe my expert witness, retired emergency medical room physician that found the FBI knocking on his door one day that eventually led to him losing his medical license. Apparently when a doctor gets grieved their process does not allow him to face his accuser. To this day he does not know who complained about his services. His wife was dying of brain cancer and he chose not to fight.

Just finished a trial yesterday where my 38 year old client refused to perform the monkey acts (nothing normal about a tight rope walk and turn and that ridiculous display of holding up your foot for 30 seconds that studies show most people can't do). I filed his medical records evidencing his persistent lower back pain and problems of 2 years which predated his DWI arrest by 6 months. Relevant why ? Because even in the cops' DWI manuals it states people with back problems are not candidates for the tests. The judge denied letting the properly filed medical records in as the DA argued they were not relevant. Jury not only convicted him, they never got to hear about his documented back problems while the judge allowed the DA to talk about the field sobriety tests that were never done against my objection.

Had a jury last year convict a guy on blood that was green from fermentation (yup, they brought the tube in green, moldy and all). Heard another one of my juries say "That is insane, clearly the blood was messed up" while that same jury convicted a superbowl NFL athlete who did not understand cops can withdraw your blood against your will. It took 5 cops torturing him (deploying the taser not once but multiple times as well as getting physical with him) to get it while he nonviolently crossed his arms in passive resistance. His circumstances met none of the mandatory blood draw facts by law: a felony, an accident where someone goes to the hospital or there is a child under 15 in the car. So why do we have a law in Texas that outlines when cops can draw blood when they do it anytime anyway ? Our own judges allow this despite the written statute.

Yesterday before trial I went to talk to a felony DA about dismissing a DWI for no probable cause. My client and her boyfriend were arguing. She left. He called the police the first time and the police rightfully determined that no crime had been committed. The second time he called, the 911 tape has the boyfriend telling the operator that she drove by and put something in his mailbox and left (no crime once again being committed). The DA tried to tell me the police can investigate anytime, anywhere for anything and even if the judge said it's not legal, she would argue "consensual encounter" (yea right, my client stopped on a street minding her own business, collecting her thoughts and the police walk up banging on her window: real consensual now isn't it ?). Our Founding Fathers are turning over in their graves.

I have determined that as soon as the letters D-W-I are entered into the equation the Tarrant County DA's office is so full of blind zeal they can't see the law. This is what happens when you let MADD throw up billboards that are not true: Drink. Drive. Go to Jail. Then you have Texas DPS throwing up the same billboards full of lies. Another lie: Over the limit, under arrest. Not true. In Tarrant County, the DA's office will still prosecute you even if your alcohol level is under .08 at the time of driving. One of my last week jury Not Guiltys was a case where my client blew a .09 an hour after the driving. The state expert honestly testified he could have been under .08 while driving. To spare the county taxpayers the expense of a trial, the DAs the embarassment of a Not Guilty and my client the torture of going through trial and risking an unjust verdict, I begged the DA supervisor to reduce the case. The response ? She wanted to proceed hedging her bets a Tarrant County jury would convict anyway. Lucky for me, she was wrong.

Everyday I fight to bring justice and fairness to the courtroom. Someday they will be teaching about this insanity in the law history books. It is no different than throwing Japanese citizens in relocation camps and confiscating their property. No due process. It is no different than when Senator McCarthy was accusing people of being Communist sympathizers on specious evidence. It is no different than when racial bigots tried to justify segregation under "separate but equal." Many juries, many judges, many prosecutors did the wrong thing deceiving themselves they were justified while doing it. History repeats itself. Blind zeal is used to scare the public. MADD is the master of scare tactics marketing. Every year approximately 1.4 million Americans get arrested for DWI in the United States compared to the 3500 actual victims of DWI (NHTSA's 14k number is not relevant as it just refers to "alcohol related." ) The truth is you have better odds of choking on a chicken bone and dying than being killed by a DWI. Politicians, judges, MADD, many jurors are getting swept up in the wide net of deception thinking they are doing the public good. In reality they are destroying the Constitution and all of our rights. Ben Franklin said "Those who are willing to give up liberty for safety deserve neither." Amen Ben.

Let's stop the insanity. Let's stop convicting people on nonscientific circus acts. Let's stop ignoring the law in order to get a conviction. Let's stop pretending that everyone should be scared to get on our highways due to the DWI threat. The threat is a magnified lie, it does not reflect the true statistical probabilities. Let's stop kowtowing to a bunch of bitter, angry women on a nondrinking moral crusade and judges and DAs that are too cowardly to enforce the law. The system only works where truth is allowed to thrive. I will always fight for truth and justice. This is why I do what I do. -Mimi Coffey, Sr.

My Firm's Slide Show

http://www.kizoa.com/slideshow/d2181972kP108560995o2/coffey-firm

How to Solve the Nation's Drug Issues

As a criminal defense lawyer I am in the middle of the muddy judicial system which is broken and in need of repair. Moral crusading politicians get on their high horses pandering to the ignorant masses (as in not informed & educated on issues) that respond well to catchy tag lines, commercials & speeches. The next thing you know we have more harsh laws, more people arrested and we are building more prisons. The prosecutors try to justify to themselves that their punishments stop property crimes and other offenses related to drug use. Me & other defense lawyers are spinning around so fast on the merry go round of fighting the DAs' approach of harshly convicting or unreasonably probating everyone (probation conditions so onerous they might as well be in jail) that everyone including the judges lose sight of the big picture . What solves people's drug issues ? Is throwing a kid in prison for years over crack possession gonna change him when he gets out (he is worse) ? Are we spending our tax dollars wisely ? What is in society's best interest ?

I've always felt there was something not right with what started out as Reagan's "War on Drugs" (even though I love Reagan, an actor not a justice scholar does he make). I have shared the sadness of too many clients being punished for something that should be treated like a disease and health issue not one reflective of an evil minded real criminal. Well the government of Portugal was smart enough to think outside the box & decriminalized all drug offenses and assigned their Health Department to take over. The results ? Drug addiction declined as well as the crimes that addicted people desperate for drugs will do (property crimes). Their story is a remarkably successful one. How can the greatest country on earth be the meanest when it comes to caring for its weakest citizens (we incarcerate more people than most third world countries) ? Time we be smart on crime and not aimlessly & maliciously "tough". Time we reevaluate our DWI laws too that just aim at punishing social drinkers (otherwise we would not use non scientific circus acts called field sobriety tests and widely known inaccurate breath tests to incarcerate and wrongly convict people).

Here is one of the world's smartest and wealthiest men's take:Richard Branson's blog on the "War on Drugs":

Visited Portugal, as one of the Global Drug Commissioners, to congratulate them on the success of their drug policies over the last 10 years.Ten years ago the Portuguese Government responded to widespread public concern over drugs by rejecting a “war on drugs” approach and instead decriminalized drug possession and use. It further rebuffed convention by placing the responsibility for decreasing drug demand as well as managing dependency under the Ministry of Health rather than the Ministry of Justice. With this, the official response towards drug-dependent persons shifted from viewing them as criminals to treating them as patients.Now with a decade of experience Portugal provides a valuable case study of how decriminalization coupled with evidence-based strategies can reduce drug consumption, dependence, recidivism and HIV infection and create safer communities for all.I will set out clearly what I learned from my visit to Portugal and would urge other countries to study this:In 2001 Portugal became the first European country to officially abolish all criminal penalties for personal possession of drugs, including marijuana, cocaine, heroin and methamphetamines.Jail time was replaced with offer of therapy. (The argument was that the fear of prison drives addicts underground and that incarceration is much more expensive than treatment).Under Portugal’s new regime, people found guilty of possessing small amounts of drugs are sent to a panel consisting of a psychologist, social worker, and legal adviser for appropriate treatment (which may be refused without criminal punishment), instead of jail.Critics in the poor, socially conservative and largely Catholic nation said decriminalizing drug possession would open the country to “drug tourists” and exacerbate Portugal’s drug problem; the country has some of the highest levels of hard-drug use in Europe. The recently realised results of a report commissioned by the Cato Institute, suggest otherwise.The paper, published by Cato in April 2011, found that in the five years after personal possession was decriminalized, illegal drug use among teens in Portugal declined and rates of new HIV infections caused by sharing of dirty needles dropped, while the number of people seeking treatment for drug addiction more than doubled.It has enabled the Portuguese government to manage and control the problem far better than virtually every other Western country does.Compared to the European Union and the US, Portugal drug use numbers are impressive.Following decriminalization, Portugal has the lowest rate of lifetime marijuana use in people over 15 in the EU: 10%. The most comparable figure in America is in people over 12: 39.8%, Proportionally, more Americans have used cocaine than Portuguese have used marijuana.The Cato paper reports that between 2001 and 2006 in Portugal, rates of lifetime use of any illegal drug among seventh through ninth graders fell from 14.1% to 10.6%. Drug use in older teens also declined. Life time heroin use among 16-18 year olds fell from 2.5% to 1.8%.New HIV infections in drug users fell by 17% between 1999 and 2003.Death related to heroin and similar drugs were cut by more than half.The number of people on methadone and buprenorphine treatment for drug addiction rose to 14,877 from 6,040, after decriminalization, and the considerable money saved on enforcement allowed for increase funding of drug – free treatment as well.Property theft has dropped dramatically (50% - 80% of all property theft worldwide is caused by drug users).America has the highest rates of cocaine and marijuana use in the world, and while most of the EU (including Holland) has more liberal drug laws than the US, it also has less drug use.Current policy debate is that it’s based on “speculation and fear mongering”, rather than empirical evidence on the effect of more lenient drug policies. In Portugal, the effect was to neutralize what had become the country’s number one public health problem.Decriminalization does not result in increased drug use.Portugal’s 10 year experiment shows clearly that enough is enough. It is time to end the war on drugs worldwide. We must stop criminalising drug users. Health and treatment should be offered to drug users – not prison. Bad drugs policies affect literally hundreds of thousands of individuals and communities across the world. We need to provide medical help to those that have problematic use – not criminal retribution.

Mimi Coffey's 10/18 Republican Debate Analysis

Yes, I'm pretty liberal on social issues, often vote Democratic but believe in small government (less is more) and being fiscally conservative. Most people don't liven up to the Presidential politics till the year before but now is the time where wild cards succeed and there is unexpected entertainment. The Tuesday debate proved that early on candidates often shoot wild & loose in desperate attempts to fight to be forerunner. In the spirit of George Washington I am a believer in one party: the country. I care not for party acrimony, mud slinging and yellow journalism that seems to pervade our 2 party system. Although I may not agree or sometimes even like certain politicians I respect them all and am deeply grateful for their sacrifices and drive to make our country better. With that being said, my candid insight on the debate and the Republican candidates.
10/18 Mimi Coffey Republican Debate Analysis:

1. Bachman: right about not wise to create another tax (Herman Cain's 999 plan). The government will let it spiral out of control once started. Soft intro, focusing on "too cutesy" (pandering Las Vegas lines about 'what happens in Vegas stays in Vegas' versus touting solid credentials) or being bold (necessary for female politicians lest they look soft or bitchy). Very impressive background of being a tax attorney with expertise in IRS regs. Rigid beliefs on immigration demonstrating a narrow world view. Mandate English only ? Seriously ? Not openminded. Thinks by talking about women & moms on the housing crisis she somehow is a leader. Foreclosures affect dads & men too. Playing the gender card here not effective. Wrong on Iraq hated us because of Obama, they have been hating us since time immemorial due to deep rooted cultural and religious differences. Blaming Obama for conflict in the middle east on the Israel question ? Same deal, only it's not religious or cultural differences. The Palestinian problem has been Israel's thorn forever. Obama is simply not willing to be Israel's puppet as the rest of the world disapproves of Israel's actions on the Mideast stage. Definitely a debater opportunist, just short on substance. Great insight on Iraq being a threat however. She proves women can war as seriously as men just as history proved: Catherine the Great of Russia & Queen Elizabeth. May the chauvinists shut up.

2. Herman Cain: love the idea of a successful business man mavericking as President. Interesting new tax plan, however not a good idea to start even more taxes. In answering legitimate criticisms on his tax plan he constantly attempted to take refuge in the line "comparing apples with oranges", not applicable however as Romney asserted with his bushel example. Short on the ability to critically analyze policy. Experience may be his big weakness. Intelligence may however make this a moot issue.

3. Romney: speaks out of both sides of his mouth. States the Mass. health care plan is great for the state but not for the country. He can't say what he really wants as the Republicans gate health care reform and therefore no straight talk on the most critical issue affecting our country outside the economy. Great speech on how religion should not matter in choosing your leader. Presidential presence. Great restraint in holding back when he really wanted to punch Perry I'm sure. Like that he was extremely successful in the private sector. Dislike his Wall Street mindset. TARP & bailing out the banks and Wall Street while they profited off the money and it did not make it back to the public is robbery. We need leaders who will prosecute Wall Street not bail them out.

4. Santorum: great analysis of how public policy is run. Good grasp on how government works. Looks like a good policy man. The guy that gets things done in the boardroom. A doer. Married, practicing Catholic (demonstrating he likes social integration and mainstream values) with 7 kids proves that. Young. A true fiscal conservative who has reformed welfare. Impressive ... He is not a convenient party changer. He is very sincere about his beliefs. The real deal whether you like him or not.

5. Ron Paul: great mind. Lacks leadership and charisma. Great outside the box thinker. Brilliant but the question remains can he inspire people and lead rather than formulate ? "The empire is broke." Best line in the while debate. Bring our troops home from Korea, Japan & Germany for starters . Germany has great social services funding because we pay for their military. Great point. Time for basic bookkeeping before the US goes bust.

6. Newt Gingrich: moments of charm yet speaks out of both sides of his mouth. Romney called him on his support of the American Heritage Foundation & his former position supporting Romney's health care while he attempted to deny until impossible to deny. Newt spouting religion & emphasizing it more than education? Seriously, embarassing. Got to hand it to him for stamina. Surprised he's still hanging on after all these years. As Speaker of the House his " Contract with America" fizzled out. Great salesman though in the style of a preacher.

7. Rick Perry: knows what to focus on: JOBS. Will call a spade a spade and won't back down (his tete a tetes with Romney). Passionate about his beliefs. Does not speak from both sides of his mouth. Proven economic leader with Texas as the nation's economy eroded (40% of all new US jobs in Texas). Needs to better explain his position of rejecting TARP rebutting Santorum's claims. Off topic, I find the way he stands (like a cowboy with back bowed out) cute and tough. The real question the pundits haven't asked is: Is the country ready for yet another tough Texan ?

Worthy candidates: Perry, Paul & SantorumBest candidate to lead : Paul if he surrounds himself with an effective cabinet that can lead and carry out his brilliance. Lincoln created a cabinet of the best (Team of Rivals). Unstoppable progress from the country if Paul elected and he creates a power 'Team of Rivals.'

Realistic best candidate : Perry, not a Jimmy Carter type braniac like Paul but a charismatic (like Bush but much smarter) leader that will command and demand respect on the world stage.

Bless them all for their big hearts and vision.

Mimi Coffey's Reading List

Mimi Coffey's 2007/2008/2009/2010/2011 Reading List

My favorite thing to do outside of work is read. I am always too busy working, but I have always said that my ultimate vacation would be to spend 2 weeks from sunup to sundown in either of the Dallas or Fort Worth public libraries so that I could read nonstop breaking with a host of different literary diversions. My favorite thing is news: I am an avid reader of the New York Times and cannot live without the Sunday edition. I go through each week's Time magazine in about an hour. I supplement this with watching a taped version of Keith Olberman's Countdown Monday through Friday. Just give me cold, hard facts, no spin… My favorite books are on the lives of our Founding Fathers. To understand those who formed this country and its constitution gives me the inspiration and guidance I need to carry on with those principles as I seek justice through the law to help others. Here is a list of books I have completed this year. The astericks mark my favorites. They are close in order to how they were read. Before television and radio, the intellects of generations past prized their books and shared their reading lists. To understand the books one reads is to have a window to their soul. Most of the Founding Fathers read the classics, I read them in turn as classics. Here is a bird's eye view to my soul and required reading for my children in their adulthood (and hopefully my descendants) if they are to understand diplomacy in whatever walk of life they should so choose:


Reading List 2007:

1*Joseph Ellis: Founding Brothers-the Revolutionary Generation. Pulitzer Prize Winner
2.Joseph Ellis: Passionate Sage: the Character and Legacy of John Adams
3.Joseph Ellis: His Excellency: George Washington
4.Joseph Ellis: The American Sphynx: the Character of Thomas Jefferson
5.Richard Brookhiser: Alexander Hamilton, American
6.Thomas Fleming: Duel: Alexander Hamilton, Aaron Burr & the Future of America
7.*Nancy Isenberg: Fallen Founder: the Life of Aaron Burr
8.Walter Stahr: John Jay
9.*H.W. Brands: The First American: Benjamin Franklin , Pulitzer Prize finalist
10.Richard Brookhiser:Governeur Morris: the Rake Who Wrote the Constitution
11*Craig Nelson: Thomas Paine: Enlightenment, Revolution and the Birth of Modern Nations
12.Jeff Broadwater: George Mason: Forgotten Founder

Not only have I derived factual basis to understand our laws, these books have brought to life in my mind the cities of Philadelphia, New York, Paris,Boston, London and Washington D.C. as they existed in those times. It is with great excitement that I look forward to visiting (& revisiting for some but now with new knowledge) these cities to see monuments and tombs of those I most admire. Cicero once said: "Not to have knowledge of what happened before you were born is to be condemned to live forever as a child." Long live democracy through all it ugly aches and pains. – Mimi Coffey, Sr.

Mimi Coffey's 2008 Reading List
*1. General and Madame de Lafayette: Partners in Liberty's Cause in the American and French Revolutions by Jason Lane
*2. Samuel Adams: Father of the American Revolution by Mark Puls
3.A Son of Thunder: Patrick Henry and the American Republic by Henry Mercer
4. James Madison: The Struggle for the Bill of Rights by Richard Labunski
5. John Hancock: The Picturesque Patriot by Lorenzo Sears
*6. John Marshall: Definer of a Nation by Jean Edward Smith
7. Patriot Pirates: The Privateer War for Freedom and Fortune in the American Revolution by Robert H. Patton
*8. Boone: A Biography by Robert Morgan
**9. The Great Upheaval: 1788-1800 by Jay Winek (my favorite book covering the Founding Fathers period thus far, very well written and hard to put down)
10. American Creation by Joseph Ellis
11. American Lion: Andrew Jackson in the White House by Jon Meacham

2009 Reading List
1. Matthew Lyon "New Man" of the Democratic Revolution, 1749-1822 by Aleine Austin
*2. Rochambeau by Arnold Whitridge
3. Financial Founding Fathers by Robert E. Wright and David J.Cowen
*4. Two Fighters and Two Fines: Lives of Matthew Lyon and Andrew Jackson by Tom Campbell
5. Jefferson THe Scene of Europe 1784-1789 by Marie Kimball
6. 1776 by David McCullough
7. Revolutionary Characters by Gordon Wood
8. (Obama is a Founding Father on his own terms, hence his acceptance into my reading category) Dreams from my Father by Barack Obama
9. Forgotten Patriots by Edwin G. Burrows (the untold story of American Prisoners duringi the Revolutionary War)
*10. Adopted Son:Washington, Lafayette, and the Friendship that Saved the Nation by David A. Clarey



2010 Reading List
* 1. Undaunted Courage (the Lewis and Clark expedition) by Stephen Ambrose
2. The Intimate Lives of the Founding Fathers by Thomas Fleming
3. Libery to Lucy Moore (the Founders were influenced by France, this is a book on the French Revolution)
4. Signing Their Lives Away: The Fame and Misfortune of the Men Who Signed The Declaration of Independence by Denise Kiernan & Joseph D'Agnese
5. The Traitor and the Spy: Benedict Arnold and John Andre by James Thomas Flexner (no doubt Benedict Arnold would have been a huge Founding Father due to his military successes had he not lost his way, a sad tale on how he became a traitor)
6.Travels in North America in the years 1780-1781-1782 by The Marquis de Chastellux (fascinating to see the new America through the eyes of a French nobleman who fought our Revolution and was friends to everyone powerful at the time from Washington, Sam Adams , Thomas Paine to Madison...just proves that birds of a feather truly flock together)
7. Franklin and his French Contemporaries by Alfred Owen Aldridge 1957 New York University Press: great insight on how the French was influenced by Franklin and his attachments both scientifically, philosophically, diplomatically and socially with them. Amazing to know the French as a whole value Franklin even more than Americans.
8. The WOrks of Dr. Benjamin Franklin consisting of Essays, Humorous, Moral, and Literary: with his Life, Written by Himself, a rare book printed in 1835



2011 Reading List
1. The Private Franklin: The Man and His Family by Claude-Anne Lopez adn Eugenia W. Herbert 1975
2. The Secret Loves of the Founding Fathers by Charles Callan Tansill
3. Revolutionaries by Jack Rakove
4. The American Revolution 1763-1783 by William Edward Hartpole Lecky, M.P. arranged and edited by James Albert Woodburn, copyright 1898. This was a very interesting book as it is the American Revolution seen through the eyes of a British historian. Amazing to study our country's founding through this perspective. The British made way too many wrong assumptions and blunders. Had it not been for these, like Canada we probably would have remained British for a very long time.
*5. Aaron Burr: The Years from Princeton to Vice President, 1756-1805 by Milton Lomask, a great book on understanding how the natural cycles of politics work
6. A Magnificent Catastophe (the tumultuous election of 1800) by Edward Larson 2007, 2 valuable lessons from this book: 1) No way was Aaron Burr ever a traitor, he could have cinched the 1800 election easily and despite the tie vote did not for the good of the party (no wonder he was later found Not Guilty of treason in the western conspiracy). This proves that good character always pays off particularly in politics. 2) John Adams was hated by his own Federalist party for not declaring war on France when the country could least afford it but is respected for it now. Always do what is right in the situation, not what is politically expedient.
7. The Founders on the Founders by John P. Kaminski, a very interesting book on how the founders of our great country viewed eachother in their own words as found in their letters and writings
*8. Jefferson and Hamilton by Claude G. Bowers, 1925 Houghton Mifflin Co., so well written that you feel as if you are a fly in the room as Bowers takes you back in history and you witness so many great Founders in their bravery and wisdom as they interact between Hamilton and Jefferson. A true depiction of the genius of both of these two men.

2012 Reading List
*1. Stevens Thomson Mason: Misunderstood Patriot BY Kent Sagendorph. Turns out he was the grandson of the first Stevens Thomson Mason of Virginia who fought for freedom of the press when Congress voted to forbid printing of the controversial Jay Treaty. This Mason was the boy Governor of Michigan. An incredible story. He led the charge for Michigan to become a state, built railroads and personally would rode around the state helping people when cholera broke out and many people died. He truly loved Michigan and did extraordinary tasks while it was still a wild west territory.

2. Founding Mothers by Cokie Roberts, great read. It's inspirational to read how the mother of 2 Founding Fathers ran 3 plantations all alone at age 16 and that a woman was brave enough to print the Declaration of Independence and also signed her name on the bottom willing to die with the signers themselves if caught.

3. Philip Freneau, the Poet of the American Revolution by Mary Stanislas Austin. Frenaua's poetry deeply moved the country at a time when emotions were all we really had in the lopsided battle. He also fought for the country on our seas and was captured and nearly died on a British war ship. He ended up living a long and productive life creating newspapers that assisted the political agendas of Thomas Jefferson and James Madison. Makes you understand the power of the written word, you can move mountains.

New Year's Eve Advice

New Year's Eve, Know Your Rights !by Mimi Coffey

New Year's Eve is around the corner. Important news ! If you have been drinking and get pulled over remember your rights:

1. Pull over immediately. Provide dl and insurance.

2. Don't talk, don't answer questions. Politely tell the officer you will not be answering any questions.

3. If asked to step out of the car, step out.

4. Unless you are an athlete with perfect balance inform the officer you will not be performing tests (they are circus acts designed to take you to jail).

5. Refuse blood tests (as they ferment) and if you have had more than 1 beer refuse a breath test (as they are inaccurate).

6. Know that you are being videotaped at all times. Say nothing under any circumstance.

7. Unless receipts will help you, throw them away before getting in the car.

8. Keep a lock on your cell phone as cops will try to read your text messages. Save your texts and call logs particularly if this contributed to bad driving. (Better yet, don't text and drive !)

9. If you are carrying alcohol put it in the trunk.





Police have turned to crucifying all responsible social drinkers, it is no longer just about getting the true DWI. Until scientific changes are made it is best to do nothing.



*Always be polite with the cop. Never lie to a cop, just don't answer questions or volunteer information. No matter how "nice" you are to a cop or no matter how much you think "cooperating" will help you KNOW THiS: IT WILL NOT !!! You are just acting foolish. Be wise and protect yourself. This is America, your private business and how you spend your time and who with is your OWN business. The whole system from the moment they approach your car, to the skewed testing and flawed chemical tests are designed to convict you and make thousands upon thousands of dollars for the state. Don't be a fool. Don't play the game. Most importantly, if you have had too much to drink and you are intoxicated please do not drive. It is a nightmare worse than you can imagine regarding the stress, humiliation, inconvenience and forever being branded a criminal that can affect everything in your life to obtaining housing to employment.

America, The Land of the Free ?

America, The Land of the Free ?

As the 4th of July rolls around. Now is as good a time as any to reflect on our freedoms and what this country was based on. Europeans think Americans are stupid. They literally have tv documentaries that showcase America’s bizarre outer edge eccentricities. DWI field tests (walking a 18 heel to toe tightrope exercise and holding one’s foot in the air for 30 seconds without being able to use your arms for balance) is a concrete example of American lack of intelligence. No other country in the world uses these foolish tests to determine if someone is intoxicated except Great Britain and already their scientific peer review community has rejected the lack of scientific validity to these “tests”. The fact that one American jury after another across the country convicts someone on the basis of these “tests” is proof Americans are not thinking smart. Yesterday I tried a case in which my client was asleep in a private marina in his car and by the time the police got there his car was turned off. Yet he was given the circus tests, they could not prove whether or not he was drinking a nightcap in the car (meaning his alcohol level at the time he took a breath test did not reflect whether or not he was intoxicated when the police arrived), nor could they prove he was operating the vehicle (driving) for its intended purpose on any reliable testimony , and lastly he was not in a “public” place yet the jury convicted him anyway and in a swift 30 minutes. Dumb ? Sure, all this does is encourage people to risk driving home because pulling over and doing the safe thing will get you convicted. You would think the prosecutors would be smart enough to realize this public policy import but we can’t even give them any intelligence points either.

It really frustrates me that in America, “liberal” is a dirty word. Every American by definition should be liberal, we founded this country on the liberal notions of freedom and that freedoms should not be intruded upon. Yet in today’s age, our lawmakers continue to take away our freedoms (you can’t even drink alcohol in a parking lot with the car running). Live and let live unless one does harm to another is the definition of being a liberal. Yet, we have lived since the 1960s in a political time frame obsessed with regulating everything (eg. 7 words you can’t say on tv). For example, in Sweden there are no limits on words that can or cannot be said on tv and their court fines are scaled to one’s income. Here, court costs and fines (as in DWI cases) are dished out regardless of one’s ability to pay. I have a Swedish friend whose whole graduating class took a field trip to a natural spa and everyone (men and women) jumped in naked with no one being offended or concerned at all. Here, that would be on CNN Headline News and everyone would be arrested. One out of every 5 people in the world incarcerated are Americans (more than most third world countries, and you just thought you were afraid of getting thrown in jail in Mexico !) America is NOT the land of the free. America will regulate you to death and restrict every freedom you thought you had. I am proud to be an American. I am just sad to see that it not the land of the free as it was envisioned to be since the Declaration of Independence. On an intellectual plane we have turned into the laughing stock of the western civilized world. Texas (one of the largest textbook buyers in the US and hence many states follow their choices and curriculum leads) continues to fight the teaching of Darwin evolution in science textbooks and now Intelligent Design (world was created in 7 days, really ?) has equal space. The Christian conservatives have even managed to remove Thomas Jefferson from the history books as a great revolutionary leader because he coined the phrase “separation of church and state” to be replaced by Calvin Thomas and other religious leaders. Freedom of thoughts, ideas, beliefs ? Hardly.

I am doing what I can to change this tyranny as a criminal defense lawyer and defender of constitutional and statutory rights, but change must come from within: voters, jurors, judges, elected politicians.Hence, my current report card. You can’t change the world until the world is ready for change. We are long overdue. We need to get back to the visions of our forefathers who fought British tyranny and created a free country where rights are king. Time for us to start appreciating the meaning behind “liberal”. “Conservative” has turned into a modern doctrine that excuses the usurpation of freedom, liberty and progress.

Post note on Freedom when it comes to getting fair trials on breath test cases : Unbelievable. Here is the official position of the International Association of Chemical Testers and the federal government as stated in the position paper of Feb. 2009 of the National Safety Council Committee on Alcohol and Other Drugs as pertains to releasing the source of breath test devices:

"It is the position of the National Safety Council Committee on Alcohol and Other Drugs that access to the Source Code of the software of an evidential breath-alcohol analyzer is not pertinent, required, or useful for examination or evaluation of the analyzer's accuracy, scientific reliability, forensice validity, or other relevant characterisitics, or of hte trustworthiness and reliability of analysis results produced by the analyzer. These matters can be and have been fullyl assessed and examined by mulitple other well established and recognized methods and procedures in common use worldwide; and many other adequate and appropriate means exist to challenge evidential breath-alcohol analysis results."

Right, how about I program a breath test device and refuse to ever release its source code. Seriously ? Why would anyone ever blow into the machine ? Until the source code of all breath test devices are revealed and subject to peer review no one can get a fair trial. Yes, hard to believe we are living in Nazi controlled conditions in 2010 and we call this country America.