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DWI Common Courtroom Mistruths

DWI Common Courtroom Mistruths Jurors don’t realize that most police officers and prosecutors have no idea what they are really talking about when it comes to HGN and breath testing in the courtroom. Cops take a 24 hour NHTSA course and walk away thinking if the government sponsors this it must be right. The truth is there is very little science to the HGN (don’t get me started on the rest of the circus acts). I will address two very common mistruths. 1. Can caffeine and fatigue cause HGN ? Cops always answer no. They are wrong . There are 38 cited causes for HGN they have been recognized by the courts: “They include: (1) problems with the inner ear labyrinth; (2) irrigating the ears with warm or cold water under peculiar weather conditions; (3) influenza; (4) streptococcus infection; (5) vertigo; (6) measles; (7) syphilis; (8) arteriosclerosis; (9) muscular dystrophy; (10) multiple sclerosis; (11) Kerchiefs syndrome; (12) brain hemorrhage; (13) epilepsy; (14) hypertens...

Is the Texas Judicial System of Electing Judges the Best One ?

I ask you. Two recent fact scenarios. Had a guy on a 10 year DWI felony probation who had 2 interlock violations (the machine in your car) in one month 2 years after he started probation. Both blows were well below the legal limit. One of these blows involved him just attempting to start the car for nondriving purposes. While waiting for the Motion to Revoke hearing he was on SCRAM (ankle monitor that measures your sweat for alcohol via satellite) for over 100 days with NO alcohol violations and he started an intense rehab program (at his own expense) where he was progressing well. His options with the judge who oversees the SAFP program (conflict of interest ? I ask you !) for all courts (SAFP is a “treatment” program in prison that costs taxpayers $30k a prisoner where they will spend close to a year in prison with over a 75% recidivism rate) : SAFP (wow, what a surprise !) or prison. He took the 2 years prison rather than suffer the humiliation of SAFP (described as a...

Justice

"Profiteers" and "Privateers" close in semantics and in meaning. The former meaning a person in today's society who capitalizes on a profit making opportunity. The latter a term dubbed on pirates who sailed the seas in search of loot. I am currently reading a biography (in my Founding Father quest) on the father of the US Navy: John Paul Jones. His character was impeccable. His mariner skills keen. His spirit to fight injustice unparalleled. As a Scotch sailor, he quickly joined the American bandwagon for "equality for all" versus a society of the privileged based on monarchy. Everything he did (his raiding of the English coasts in retaliation for the British raiding & burning of American eastern seacoasts), his sea battles, his diplomatic overtures in France were made on principle: to secure democracy for everyone. Yet his detractors claimed he was a "Privateer", a pirate. He had many opportunities to profit as a privateer but did not....

Modern Day Hero: Judge Julia Hayes

In the hustle and bustle of life often great deeds go unmentioned, particularly at the courthouse. It is uplifting and inspiring to hear and share stories of heroic deeds that all too often go unnoticed and deserve mention. Two Fridays ago on March 2, 2012 I popped into Dallas County Criminal Court no.2 to say Hi to the judge & report on the status of an upcoming trial when I witnessed her in the middle of busting a plea. A skinny 17 year old African American high school kid in his orange jail jumpersuit handcuffed behind his back was addressing the judge from behind the counsel table. With her quick wit, she quickly sized up the kid and asked him when he was going to graduate. He meekly stated “in the summer.” She asked him what his criminal trespass case was. He replied that he got caught playing basketball after allowed hours and was warned before not to play past dark (per the apt rules). She asked why he had a theft charge. He explained that he took the school drum home (th...

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)...

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...

Mimi Coffey's Reading List

Mimi Coffey's 2007-2021 Founding Father  Reading List My favorite thing to do outside of work is read.  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. 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...