Mimi Coffey | Attorney at Law

Where do I begin? Judges, jurors, district attorneys, cops, MADD? Let's start where it belongs: the National Highway Safety Administration (NHTSA). Back in 1977, the government gave NHTSA a grant to create some roadside tests for DWI arrests. Dr. Marcelline Burns, who holds a Ph.D in psychology was given carte blanche authority on this project. She came up with the field tests we know today. Her research was so bad (flunking on both the validity and reliability scales researchers measure tests against), that she reattempted her same research in 1981 with the same scientifically unacceptable results. This time she refused to release the validity data. Same story- when the feds lowered the legal limit from .10 to .08 she conducted three "studies" (San Diego, Colorado, and Florida) in an attempt to justify her tests to the lower legal limit. It was such a massive failure she refused to release the validity or reliability data. Federal judge Grimm in an exhaustive review...

You decide you have had too much, and you feel the right thing to do is pull over and sleep it off. Is this a DWI? According to a Tarrant County judge in a bench trial in case number 1366316, decided on February 12, 2015- yes it is. Do I respectfully disagree with the decision? Yes.  Here are the facts: my guy (Mr. "H") was asleep in his legally parked car at a QuikTrip in Keller, Texas. No one saw him drive. No one called the police on him. The QuikTrip attendant had no idea as to how long he had been there, but it had been "a while." The seat was in recline with Mr. H fast asleep. After waking him up, the police interrogation went like this: Mr. H:    "I personally think I did the best thing." Cop:       "What's the best thing?" Mr. H:    "Where I'm at right now." Cop:       "Which is what?" Mr. H:    "Well, it damn sure ain't drinking, damn sure ain't pulli...