Recent Blog Posts

Obtaining an Occupational License

Houston DWI Attorney — Tue, 01 May 2012 22:04:00 GMT

In the state of Texas, there is something called an implied consent law. Basically, this means that anyone who registers for a driver's license in that state agrees to submit to field sobriety tests such as breath, blood and urine tests. If you fail to take any one of these required test, your license will be automatically suspended. Those who do not refuse to take the tests but take and fail them will be issued an administrative license revocation hearing. These hearings will evaluate the circumstances surrounding your DWI and determine whether or not your license will be suspended. If you fail to schedule an ALR hearing then your license will be suspended. There is, however, one exception. Some drivers, with the help of a skilled attorney, can obtain what is known as an occupational driver's license after their DWI charges.

In the event that your license has been suspended for any DWI related reason, you still have hope to drive legally. With the help of a Houston DWI attorney, you may be able to obtain an occupational license. Basically, what this will allow you to do is drive to work and back, to school or any other necessary task. To get this kind of license, you will need to have strong evidence in your favor that testifies to your absolute need of this type of license. To appeal for an occupational license, you must provide information to the judge on the exact hours and days you will need to use it, the purposes for which you need it and the routes that you plan on taking. With this type of license, you are limited to four hours of driving per day. If your license has already been suspended, contact a Houston DWI attorney from our firm to find out how we can help you get this type of help.

Police Aided by University Students

Houston DWI Attorney — Fri, 30 Mar 2012 16:00:00 GMT

On March 14, 2012 two Texas Southern University students were driving down Scott Street when they were rear ended by a large SUV. The driver of the SUV attempted to flee the scene, but the students were not going to let him escape. They followed the SUV for a long time while on the phone with the police. At one point the driver of the SUV let his window down and asked the students why they were following him, one of the students said it was at this point when she realized he was drunk. The students pursued the SUV through neighborhoods, surface streets and even on freeways. They were completely unaided by the Houston police until the SUV turned down a dead end street where he was cornered by the students. The man driving the SUV tried to escape across the grass, but his vehicle got stuck and he attempted to escape again on foot. The student driver got out of his car, caught the man, and was able to detain the drunk driver until the police arrived.

Driving while impaired is a crime punishable by fines, jail time and even a license suspension. There are many factors in a DWI case that determine what the charge will be, and therefore what the penalty will be if convicted. At The Martinez Law Firm we are intent on defending your constitutional rights. If you or a loved one have been charged with a DWI it is vital that you contact a Houston DWI attorney from our firm immediately. We understand the difficulties, the stress, the embarrassment and other general discomforts that a DWI charge can bring, and we are committed to providing you with a clear, comprehensive and vigorous defense of your case. Don't let false or twisted evidence be a deciding factor in your DWI case; speak a Houston DWI attorney from our firm to discuss your case today.

Houston DWI Law Twists

Houston DWI Lawyer — Fri, 23 Mar 2012 16:00:00 GMT

DWI laws in Houston are very similar to those in other cities; however Houston has its own twists. One of the most damaging aspect of Houston DWI law is the criminal record that you may likely face due to the offense. In addition to the many difficult consequences you could face, other aspects you may face are that your credit may be affected; you could lose your job, not to mention the embarrassment that comes with these difficulties. Houston DWI penalties are bad enough without your credit score, and job being affected.

If you are convicted for a first DWI, it is a class B misdemeanor with a fine up to $2,000, 3-180 days in jail, and/or having your license suspended for 90 days to one year. If an open container of alcohol is found in the vehicle at this time, the jail time penalty is enhanced to a minimum of 6 days. If there is a child passenger in the vehicle and you are convicted, it becomes a state jail felony with a maximum fine of $10,000, six months to two years in a state jail facility, and/or license suspension of 90 days to two years.

The penalties for being charged with DWI in Houston can be very severe. However the evidence compiled against you may not be very solid. There are many ways to fight a DWI charge, all it requires is a skilled attorney on your side, who knows how to sift through evidence, and determine what is relevant and what could possibly be thrown out. It is possible for evidence to be compromised by the handlers, and it is also possible for evidence to be twisted in order to make the situation look worse than it really was. If you have been charged with a DWI it is important that you contact a Houston DWI lawyer from The Martinez Law Firm immediately. A Houston DWI attorney from our firm will be able to give you a comprehensive defense of your case.

Houston Police Officer Driving Drunk

Houston DWI Attorney — Fri, 16 Mar 2012 16:26:00 GMT

On April 13, 2011 an officer of the Houston police department crashed his personal pickup truck into a school bus, while on his way to work. A blood test on this officer showed that his blood alcohol content was over double the legal limit. According to eyewitness accounts, several other officers arrived on the scene within minutes and proceeded to deny that alcohol was involved. One officer literally covered up several open bottles of alcohol in the intoxicated officer's personal car. The other officers also threatened to arrest anyone who took pictures of the scene.

Soon after, the officers involved in trying to cover up the scene, and trying to hide or twist evidence to disguise the truth were disciplined. One officer received a written reprimand for his conduct, two officers were suspended without pay for 24 hours, and three others were given counseling or supervisory interventions. However the officer who was driving drunk, and caused the accident involving a school bus, was fired from his position for his conduct. It is obvious that these penalties are not harsh enough for this kind of behavior, and the only reason the punishment is not greater for the unscrupulous officers is that they are in law enforcement. If a regular civilian were to try and cover up evidence there would be severe consequences for his/her actions.

The Martinez Law Firm is built upon ethics and adherence to the law; our attorneys are skilled in the area of driving while impaired. The penalties for being convicted of a DWI charge can be very serious, and it is apparent that there are police officers in Houston who will twist evidence to change the circumstances of your case in the eyes of a judge and jury. If you have been charged with a DWI it is imperative that you contact a Houston DWI lawyer from our firm immediately to discuss your case. A Houston DWI attorney from our firm is experienced in most areas of DWI law, and can provide a comprehensive defense of your case.

Houston Court Agrees That Drunk Driving Is Not Defined In Texas

Herman Martinez — Sun, 05 Feb 2012 14:50:00 GMT

I was recently defending a DWI case in Harris County, Texas when I got into a discussion with the prosecutor handling the case. The disagreement was over using the word drunk driving. My point was that drunk driving, DUI, and DWI all mean the same thing in Texas. The Texas Legislature has clearly defined what DWI is in Texas. However, it has not provided a definition for drunk driving. Thus, we can only assume that they meant that drunk driving and driving while intoxicated are the same thing. Otherwise, we can not define drunk driving for a prospective juror. Nevertheless, prosecutors have a tendency to tell a voir dire panel that driving while intoxication is not equal to drunk driving in Texas. My point is how do they know that if our legislature has not defined drunk driving. For all intents and purposes, it did mean to define DWI like drunk driving. Luckily, the judge at the jury selection stage agreed with me that the prosecutor may not tell the panel that drunk driving is not DWI. If you need to talk with a Houston DWI attorney, call me right away.

Changes TO DWI Occupational Licenses in Houston, Harris, County, Texas

Herman Martinez — Thu, 05 Jan 2012 22:30:00 GMT

One of the many annoying things about getting arrested for drunk driving in Houston, Harris County, Texas is having to get an occupational driver's license if the ALR hearing is lost. Luckily, the filing system just got easier by this new law.

CHANGES IN THE FILING OCCUPATIONAL DRIVER'S LICENSE AND A.L.R. APPEALS EFFECTIVE JANUARY 3, 2012

ON JANUARY 1, 2012 HB 79 granted the Harris County Criminal Courts at Law concurrent jurisdiction with the Harris Civil Courts at Law of (1)petitions for Occupational licenses resulting from a driver's refusal to take, or failure of an alcohol breath or blood test; and (2) appeals from ALR administrative hearings.

Beginning January 3, 2012

1. All PETITIONS FOR OCCUPATIONAL LICENSES will be filed with the District Clerk through the public service office on the 3^rd floor at 1201 Franklin Street.

2. All APPEAS OF ALR ADMINSTRATIVE HEARINGS will be filed with the District Clerk through the public service office on the 3^rd floor at 1201 Franklin Street.

3. The current procedure for setting Occupational Licenses will continue and apply to ALR APPEALS.

4. The judges, at their January Meeting, will review draft local rules implementing the expansion of their jurisdiction.

5. The current designation (R) following the case number will continue to identifyODL petitions filed after a defendant is convicted.

6. The designation (X) following the case number will continue to identify ODL petitions filed after a defendant's license is suspended under Chapters 524, and 724 Trans Code.

7. The designation (X) following the case number will identify appeals from an ALR Administrative hearing.

8. The filing fee for a post- conviction ODL or ALR appeal is $220.00.

9. The filing fee for a petition appealing an ALR administrative hearing is $220.00.

10. The filing fee for a petition appealing an ALR administrative hearing and requesting an ODL $440.00.

11. The District Clerk will notify the Houston Office of The Department of Public Safety via email.

12. There is an $11.00 fee when a person or attorney seeks to amend an existing ODL order.

RULES OF ATTRACTION

1. THE CURRENT RULE WILL CONTINUE: an ODL petition will be attracted to the court to which the criminal case was assigned, is pending, or was disposed by entry of judgment of conviction or community supervision.

2. The ALR APPEAL will be attracted to the court to which the criminal case was assigned.

3. IF no criminal case was filed an ODL petition resulting from an ALR suspension or an ALR APPEAL will be randomly assigned to a court.

4. If the criminal case was dismissed, an ODL petition resulting from an ALR SUSPENSION or an ALR APPEAL will be randomly assigned to a court.

PENDING PETITIONS AND APPEALS

1. Petitions for ALR occupational licenses filed with the Harris County Clerk's Office before January 1, 2012 will continue to be heard by the county criminal court at law judges until those cases are disposed.

ALR appeals filed with the Harris County Clerk's Office before January 1, 2012 will continue to be heard by the county civil court at law judges until those cases are disposed.

If you have been charged with DWI, you need a Houston DWI lawyer. Call me today.

Why Would Someone Plead Guilty Of DWI The Same Day They Are Charged?

Herman Martinez — Fri, 18 Nov 2011 22:33:00 GMT

Typically, in Houston, Harris County, Texas when someone is arrested for drunk driving or DWI they are released on bond within 24 hours. Even when the person is unable to make bond it typically takes 48 hours before the person is transferred to court. Thus, I was surprised that Missouri's football coach, Gary Pinkel pled guilty to drunk driving the same day that he was charged.

It is obvious that the county where he was arrested does things differently since he was arrested on Wednesday, but was not charged with the crime until Friday. I am surprised that someone with so much to lose took this route. He must have been heavily intoxicated to plead guilty so quickly and did not want his alcohol level to come out or the video of his arrest to be leaked.

The only people that I witness plead guilty so quickly are those that are unable to bond out of jail. When someone bonds out of jail it is prudent to wait for the video, review the offense reports, determine if the field sobriety tests were administered correctly, and review the results of the blood or breath sample. By pleading guilty so quickly the coach did not let his lawyer onto the field to defend his case.

If you have been charged, a Houston DWI attorney may be able to help you avoid harsh punishments.

New Black Friday Store Hours May Cause DWI Arrest

Herman Martinez — Thu, 17 Nov 2011 22:20:00 GMT

I want to be clear that I am not of a fan of Black Friday. I have never understood the frantic nature of consumers headed out to the mall, fighting traffic, unable to find a parking spot, and fighting over sale items. Nevertheless, it happens every year. Recently, stores have been starting Black Friday at midnight of Thanksgiving Day which also seems foreign to me. Now, I am seeing advertisements that stores will be open on Thanksgiving Day for Black Friday sales. The madness is starting earlier than ever. I am concerned about what this may do to this very special holiday. Certainly, I would hate to see the focus shift from that of giving thanks to one that is now focused around spending money. Thanksgiving has always been about spending time with family, eating a delicious turkey, and watching football. Now I am concerned about the person that may head out after having a drink or two at dinner and picking up a drunk driving charge. I can not think of a worst Black Friday, (or Thursday!) deal than getting arrested for a DWI.

What Type Of Person Gets A DWI?

Herman Martinez — Sat, 12 Nov 2011 00:37:00 GMT

As a Houston DWI lawyer I often get asked about what type of people get arrested for DWI. The most complete answer is anyone that has a drink, and drives a car may be stopped by the police and may be arrested for drunk driving in Houston, Texas. I represent people from all walks of life. I have represented accountants, bartenders, pilots, doctors, just about any profession that you can imagine. I have to emphasize to people that just because someone has been arrested for the crime of DWI it does not make guilty of anything. I also bring to their attention that President Bush and Vice President Cheney have been arrested for drunk driving in their lifetimes. Almost dailly some type of news agency reports that a celebrity being charged with DWI such as Heather Locklear, Mel Gibson, and Lindsay Lohan. Even the tenth richest person in the United States has been arrested for DWI. The question always has a judgmental tone, but once it is broken down and it is explained how easy it could happen to anyone the person asking the question understands. At this point it becomes critical to hire a top notch attorney to represent them especially if they are not guilty of the crime.

Surgery Keeps Me From Blogging

Herman Martinez — Mon, 31 Oct 2011 23:15:00 GMT

I want to apologize for not blogging regularly over the last few months, but a lot has been going on in my life lately. At the end of September I had a second surgery in a less than a year. Luckily, this surgery was planned unlike the unexpected one that I had in July. As is the case with any major surgery there is a time for recovery. I took off a few days this month to recuperate, but I noticed that I was miserable staying home, away from the office and the courthouse. I looked forward to meeting with clients, arguing with prosecutors, and being reprimanded by judges. My profession gives me an energy that other aspects of my life does not offer me. I look forward to many more healthly years in this business.

Congratulations! Your Texas DWI Charge Has Been Upgraded!

Herman Martinez — Wed, 07 Sep 2011 20:25:00 GMT

When the Texas legislature was in session earlier this year I was concerned that they would pass too many DWI laws that would further impede the rights of Texas citizens. Anyone arrested for drunk driving can attest to the confusion surronding their charges. At the end of this sesssion two laws were enacted. The one that will affect the most people charged with drunk driving in Texas will be in misdemeanor DWI cases where the driver has a blood-alcohol content of 0.15 "at the time of taking the test" where the maximum penalty was increased to one year in jail instead of six months. Curiously, the legislature sneaked in the "at the time of testing" language. I guess that they forgot that the law is "driving while intoxicated." The other change deals with intoxication assault cases in which the victim is left in a vegetative state, where the maximum penalty would become 20 years in prison instead of 10.

Why Does Texas Abuse Commercial Driver's License Holders?

Herman Martinez — Sat, 20 Aug 2011 00:40:00 GMT

Drivers in Texas that have a commercial drivers license (CDL) must feel like an abused stepchild. Most anyone that has one of these licenses knows that they are not going to be treated the same as someone that has a regular license. For instance, a commerical driver is not allowed to take a defensive driving class to get a traffic ticket dismissed even if they are driving their personal vehicle. The Harris County District Attorney's Office (HCDAO) goes a step further. They are requiring any commercial driver that would like to enter the DIVERT program to surrender their CDL before they will be considered for the program. I am starting to think that the HCDAO lacks compassion. Why else would they require someone that needs a CDL to make a living surrender it and become unemployable in their chosen profession. They are not telling a nurse, accountant, or lawyer, that they have to give up their professional license before entering DIVERT. What is the reason for precluding a CDL holder that gets arrested for drunk driving in Harris County, Texas? HCDAO should show some compassion and reconsider this program.

DWI Billboard Advertising

Herman Martinez — Tue, 02 Aug 2011 20:45:00 GMT

I have never been a fan of billboard advertising for drunk driving, but I guess the Bexar County District Attorney's Office can not turn down something that is offered to them for free. Luckily, they are being more selective on who goes on one of the 12 billboards by choosing those that have been charged with Intoxication Assault or Intoxication Manslaugher, while also becoming a fugitive from justice by failing to appear in court for their drunk driving case. Nevertheless, they are obliterating the defendant's presumption of innocent by posting their mug shot on a billboard throughout the county. More importantly, any potential juror that views this person's picture will automatically think that they are guilty of something if the county is going to the trouble of posting their picture on a billboard. This type of public shaming is not any different from when the Montgomery County District Attorney's started posting every DWI arrest on their twitter account. In both instances they are trampeling on the Constitutional right that people are innocent until proven guilty.

Houston, Harris County, Texas Internet Providers

Herman Martinez — Mon, 01 Aug 2011 19:45:00 GMT

A lot of my clients are in the dark about Breath Alcohol Ignition interlock Device (BAIDD) providers. Below you will find a list of providers that service the Greater Houston and Harris County, Texas area. Please understand that our law firm is not affliaited with any of these providers. We are just listing it here to be helpful.

Smart Start

Guardian Ignition Interlock

(800) 880-3394 All Locations

Baytown
3000 North Main, Suite 5B

Conroe
1300 South Frazier, Suite 408

Houston – Central
2401 Crawford, Suite A

Houston – North
18823 Tomato Street

Houston – West
1211 Upland, Suite H

La Marque
214 Byrd Street
Sugar Land (Stafford)
4150 Bluebonnet, Suite 108

Interlock Systems of Texas

Houston
9811 North Frwy, Suite B-210
(281) 448-1934/ (888) 302-3629

AZ Interlock

Conroe
100-B Hilbig
(936) 539-1377

EZ Interlock

Houston
609 Houston Ave.
(713) 223-4424/ (800) 826-2453

Houston
Parada Enterprises
5611 Dashwood, Suite A
(713) 349-9096

Katy
Westside Automotive
2241 Porter Road
(281) 391-6696

National Interlock

All Locations
(281) 313-1622/ (866) 863-4350

Friendswood
Auto Tech
303 North Friendswood Drive
Houston
521 West Gulf Bank Road

Katy
L&T Auto
1402 Greenbusch Rd, Suite 1500

Stafford
12783 Capricorn, Suite 900

The Woodlands
Repair One
6495 College Park
(800) 536-9134 – All Locations

Angleton
115 East Murray

Baytown
507 Gresham, Bay 3

Houston – Central
Certified Auto
1315 Saint Emanuel Street

Houston – North (Spring)
22820 I-45 North, Suite 3-P

Houston – South
5936 South Loop East

Houston – West
9811 Harwin, Suite K

La Marque
3047 Cedar Drive, Suite 103

Consumer Safety

(877) 777-5020 All Locations:

Houston
Car Audio Zone
10815 Beechnut, #128

A Frequency Car Audio
10541 FM 1960 West, #102

Unlimited Resources
6414 Gulf Freeway

Car Stereo Outlet
10998 North Freeway, Suite B

Dennis Automotive
5741 Westheimer

Your Drunk Driving Judge May Exceed The Recomendation

Herman Martinez — Wed, 27 Jul 2011 20:32:00 GMT

I just came across the sad story of Jalen Rose where the judge decided to sentence him to jail time despite the probation department not recomending any jail time whatsoever. While I do not know many of the pertinent facts surrounding his case I am still surprised by the Judge's decision. Mr. Rose's blood alcohol content was only .12. I have stated on several occasions that a .12 is a case that can be won because of all the inherent problems with these type of cases. Regardless, his case further illustrates why I discourage having cases discussed by the media. Having the case appear in the newspaper never helps my cilents because it makes the judge and prosecutor act differently even if they say otherwise.

I doubt this would have occurred in a Harris County, Texas misdemeanor court. In fact, I have never had a misdemeanor judge exceed the punishment that I have worked out with a prosecutor. Typically, a judge will alert me if they are not going to accept the plea bargain that I have reached with the State. The court will also allow my client to withdraw their plea in these circumstances. Therefore, it is imperative that one hires someone that is knowledgable and experienced with the DWI courts of Houston, Harris County, Texas.