Mark Bennett | January 1, 2011
Prosecutors Lester Blizzard and Kayla Allen, however, asked Ellisor for life sentences to send a message to anyone who would drive while intoxicated. (KHOU.) Howard is an unsympathetic character. Because he is an unsympathetic character, it’s easy to send him to prison for life. Blizzard and Allen were arguing for general deterrence: “send a message.” [...]
Category: DUI/DWI, dumb luck, justice, retribution |
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Mark Bennett | December 27, 2010
A backlog of thousands of Texas court cases. Drunken drivers convicted on lesser charges. Repeat DWI offenders who don’t have a record of a related conviction or treatment. Those are some examples of what’s bringing together a new coalition that includes Mothers Against Drunk Driving, prosecutors and defense attorneys who support a widespread change in [...]
Category: DUI/DWI, legislation, MADD |
2 Comments »
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Mark Bennett | February 8, 2010
Houston criminal-defense lawyers Herman Martinez and Dane Johnson report separately on the state of the Harris County DA’s DWI DIVERT program. Here’s Herman: This week the HCDAO decided that a defendant needs to decide if they want to be considered for the DIVERT program by their second court setting. This is patently unfair and lends itself [...]
Category: DIVERT, DUI/DWI, Harris County District Attorney, recklessness |
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Mark Bennett | January 21, 2010
I’ve said before that I would choose a lawyer who sometimes loses over one who always wins. But today I was reminded how much losing a criminal trial sucks. The case: a “DWI-first no test no accident” in the argot. That is, a driving while intoxicated case, which was my client’s first, and in which [...]
Category: DUI/DWI, jury trials |
9 Comments »
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Mark Bennett | January 5, 2010
None of my DWI clients have yet accepted the Harris County DA’s “DIVERT” program, but I had one client who was considering it, so I acquired a copy of the standard DIVERT agreement. After reading the agreement, she decided to go to trial. Maybe having a copy of the agreement will help someone else trying [...]
Category: DIVERT, DUI/DWI, Harris County DA |
5 Comments »
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Mark Bennett | November 28, 2009
Back in July, before the Harris County DA’s DWI DIVERT program went into effect, I noted: There will be lots of high-volume lawyers who see this as the best thing since deferred adjudication for resolving cases without actually, y’know, trying, but I don’t see myself encouraging clients to sign it unless the State has them [...]
Category: DIVERT, DUI/DWI |
3 Comments »
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Mark Bennett | November 18, 2009
It’s not a blog of general interest, but if you’re interested in DWI law in Houston, read lawyer Dane Johnson’s Houston DWI Law Blog (a LexBlog Joint). Dane has been doing great work this week, writing successively about Houston DWI cops’ blood draw training, the falsifiability of HGN results, and the coerciveness of the Harris [...]
Category: DIVERT, DUI/DWI |
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Tags: Dane Johnson
Mark Bennett | November 10, 2009
Houston DWI lawyer Tyler Flood made an irresistible target of himself by running his mouth to the Houston Press, and I was unable to resist. Whoever writes blog posts under his name at his blog managed (inadvertently, I hope) to string Christmas lights around the target by comparing him to Andy Nolen and accusing me [...]
Category: criminal defense lawyers, DUI/DWI |
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Tags: Tyler Flood
Mark Bennett | November 6, 2009
Houston DWI lawyer Tyler Flood on DWI cases, from the Houston Press article (yes, it’s like crack): “Listen, most of the people we get off are intoxicated. But that’s the justice system,” he says. “I’ve always thought people would be very concerned if they knew what we were doing.” Tyler: You know that you’re talking [...]
Category: DUI/DWI, ethics and/or professionalism |
4 Comments »
Tags: Doug Murphy, Gary Trichter, Tyler Flood
Mark Bennett | October 18, 2009
. . . Houston criminal-defense lawyer Cole Brooks’s new blog. I’m glad to see another Houston criminal-defense lawyer jump into the practical blawgosphere (even if he isn’t a member of HCCLA . . . hint, hint), and Cole’s blog isn’t blatant “I’m great! hire me!” marketing, but so far it’s heavy on explications of Texas [...]
Category: blawgs, DUI/DWI, Houston criminal lawyers |
3 Comments »
Tags: Cole Brooks