Mimi Coffey | Attorney at Law

Many DWIs involve risky behavior and accidents.  Alcohol may not be the only reason for such 'out of character' or abnormal behavior.  A new field of research is developing (as of the last 11+ years) into parasites that affect the brain. It has become increasingly clear that what was once deemed a harmless parasite, toxoplasma gondii (found in cat feces), is in fact dangerous to the brain. Jaroslav Flegr published his research in the May 2007 Schizophrenia Bulletin (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2526142/ ) some of his findings regarding this cat parasite that attaches to human hosts. First off, 80% of the population may be infected. In Prague, Czechoslovakia it was determined that Toxoplasma - infected subjects were 2.65x higher to be involved in a traffic accident either as a pedestrian or driver. The effects on neuropathological and neuroimmunological pathways are a cause and effect from how the body protects itself from this pathogen, and how the parasite ...

I remember when a bond for a first time DWI was $500. Now, in Tarrant County a person accused of a first time DWI, with no other criminal history, stays in jail for up to 3 days as the system "processes" their income level to set an appropriate bond (where many will do a government pretrial bond) . People are being shipped from small municipalities to the central Tarrant County jail before this is done.  The law allows magistrates up to 72 hours to set a bond and unfortunately, this is about how long it is taking.  Moreover, once a person bonds out many are required to report to pretrial services. Here, they are paying fees and taking drug tests before they are even convicted. I have a current Parker County client who has not had a DWI in 21 years and the magistrate ordered that he have a $500 a month SCRAM bracelet (measures your sweat for alcohol),plus an interlock on any vehicle he drives. He must also report to pretrial services in Parker County once a week. His case is...

One of my favorite lines is "I don't trust anyone who has not had a DWI." Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, "People who need people, are the luckiest people in the world" is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with: Our Family (Willy, our German exchange son, is in a Texas shirt) 1. You can't host a foreign exchange student for 5 years from the conviction.   2.  If you have a green card ("Permanent Resident") and receive a DWI conviction,  finalizing the process and becoming a citizen is difficult. I am not an immigration lawyer (if you are in this situation, you should also consult with an immigration attorney),...

The State Bar of Texas regulates all lawyer advertising. For a lawyer to advertise a flyer, billboard, website, or other solicitation, they must pay a fee to the State Bar of Texas and adhere to the advertising and ethics rules that bind Texas lawyers. The State Bar of Texas will review the advertisement and either approve or disprove of its use. The rules are in place to protect the public from false advertising. However, the State Bar is having a hard time keeping up with cunning new ways for marketers to profit from lawyers and trick the public. The above letter I received from the mail is an example of 'for profit' entrepreneurship. For $410, I can have a plaque and use a logo on my website that touts me as one of America's "Most Feared Lawyers." The question is by whom? Who owns this company that goes by "De Medici Ratings"? How many lawyers vote? What lawyers vote? I have received at least 2-3 other such solicitations in the mail from compan...

Making the World a Better Place Judge David Rippel Collin County Court at Law no 4 As a people’s attorney (defense lawyer standing up for the citizen against the government in the defense of one’s constitutional rights) for 20 years, the wisdom I have gained in what makes the world a better place is truly invaluable. Here are a few nuggets and observations. A court focused on their statistics (how many trials they have a year, how old their oldest cases are, the number of dispositions), is not one that is attentive to the needs of the citizen accused or society as a whole. You can’t force justice. Most of the time, it is like baking a cake. For all the parts to come together perfectly- it takes time. Courts that harangue defense lawyers by not allowing them some say in scheduling, do this to everyone’s (including theirs) detriment. This is a court concerned about bragging rights to their fellow colleagues. The fact is- hardly anyone knows the judges they are vot...

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...

St. Augustine said, “The world is a book and those who do not travel read only one page.” The same goes for law. This past week I travelled to Missouri to speak at their annual DWI conference. It was held at the Tan Tar A Resort in Osage Beach, Missouri. On top of work, I spent weeks in advance preparing my talk entitled “DWI Defense- Texas Style.” Little did I know, I would be the one be learning. The Missouri lawyers were so hospitable even providing me with two of their kind lawyers personally taking time out of their schedule to provide me with rides to and from the airport (a two hour drive!) Their magnanimity was sweeping. If I wasn’t in my room fine tuning the speech, it was only to sleep and shower. They graciously hosted me to dinners, happy hours, late night parties. They even invited me to swim (they have a slide at their big pool). Travis Noble, one of the state’s most respected DWI lawyers approached me with a big bag of cigars informing me he knew of my taste for repose...

THE law entitles a citizen accused to a public defender if they are indigent. Indigent would be defined as receiving government assistance for subsistence (unemployment, food stamps, and public housing). The courts require proof of this and to receive a public defender without financially qualifying is a theft offense, which is a crime of moral turpitude and serious. Most people think that a public defender is free to them. It is not. Although the taxpayers pay for this legal service (some counties have a public defender’s office- others use a wheel court appointment system), it is not free to the citizen accused. The law allows the court to order the defendant to pay back the services (at a much discounted rate) back as a condition of the plea or sentence. If it is a dismissal, the judge can order these fees paid back (proof) before the dismissal is signed. The court appointment system does not amount to getting a “free lawyer.” People in prison make the distinction of “free...

Yes, it's that time of year- where everyone wants to party on New Year's Eve but fears a DWI. If I wasn't a DWI lawyer, I would not know what to do, so in that spirit here are my tips based on 19 years of experience. Please be advised that different states have different laws and if you are on probation, these tips don't apply as most probations condition you fully cooperate with a DWI investigation. If you are in Texas and NOT on DWI probation, take heed. First I would like to add, that the best thing is to try to avoid putting yourself in this situation. I highly advise UBER, a cab, or a designated driver. Speaking of which, if you TRULY have not consumed too much make sure you have a portable breath test device (you can buy them in the automotive section of Walmart) in your car. Blow into it if you get pulled over, show the cop. It is one of the smartest ways of avoiding being arrested. I have a fellow Regent in the NCDD who did this.  No cop wants to realistically...

A History Lesson in Aaron Burr When it comes to Aaron Burr, history has it wrong. I asked my son Spencer to show me his American History book this year so I could inspect its reportings on Aaron Burr. As suspected, there was a short blurb void of facts and a speculative conclusory statement referencing Burr's dubious ambition in separating the American west from the east, even though this is not true.  The Texas School Board, is not alone, despite its notorious criticisms. One can go back to real time obituaries of Aaron Burr and read such innuendos.  History is for those who write it. History does not always add up to facts.  That is why I decided to get down into the complex minutiae of the actual Aaron Burr trials so that I could grasp the issues clearly.  I had no idea that his case was the definitive case that gave our citizens in practical reality the right to counsel, the right to bail, the right to confront one's accusers, the right to inspect evidence. M...