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Kyle Lowe, Criminal Defense Attorney

Kyle Lowe Criminal Defense/DWI Attorney

Licensed to practice law since 1993 in New Mexico, and since 1997 in Texas, Kyle Lowe has been trying cases for 16 years. His only focus is Criminal Law. Beginning his career as an Assistant District Attorney in New Mexico, Kyle quickly worked his way up to Deputy District Attorney and became the designated DWI Prosecutor for the office.

 

In his 5 years as a prosecutor Kyle tried more than 60 cases to juries to include the first State prosecuted wiretap conspiracy case in New Mexico history...

 

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Archive for the ‘austin dwi attorney’ Category

Austin DWI/Criminal Defense Attorney, Kyle Lowe, wins DWI 2nd offense acquittal

August 28th, 2013 by Kyle Lowe

On July 22, 2013, a jury of 3 men and 3 women acquitted Austin DWI/Criminal Defense attorney, Kyle Lowe’s client of his second charge for DWI.  The jury was assembled in the Travis County courtroom of the Honorable Brandy Mueller.  The state presented evidence that a “concerned citizen” made a 17 minute 911 call to report that a man was driving recklessly on Hamilton Pool Road in southwest Travis county.  The caller indicated that he was following the individual until law enforcement could intercept him.  The caller reported that the driver was traveling at speeds between 20 and 70 mph, that he veered off the road several times, narrowly missed hitting several oncoming cars and, at one point, did a complete 180 degree spin.  At some point, the individual stopped to relieve himself.  The caller observed that the individual appeared drunk and was stumbling as he returned to his vehicle.  A Travis County Sheriff’s deputy also testified that he witnessed the same individual run two stop signs before initiating a traffic stop.  During the traffic stop the deputy noticed a strong odor of alcohol on the individual and stated that he stumbled, used his vehicle for balance, had bloodshot eyes and slurred speech.  Additionally, the deputy observed an open 12-pack of beer in the front passenger’s seat.  The deputy initiated field-sobriety tests and determined that the individual’s performance warranted an arrest for DWI.  The individual refused to provide a breath specimen.

During cross examination by Kyle Lowe, the deputy testified that he had actually ignored the caveats of the National Highway Safety Administration directives regarding the eye gaze evaluation (HGN).  This prompted a motion to suppress the evidence of the test.  The motion was granted and the jury was instructed to disregard the entire HGN eye test results.  Upon further questioning, the deputy agreed that the defendant’s balance was actually very good during the one leg stand test and no sway was detected on the video.  Although the defendant’s “turn” fell outside the testing guidelines, the deputy stated that he did not count the turn error because he had failed to properly instruct the defendant on the maneuver. Upon further cross examination of the deputy, it was determined that his certification in Field Sobriety testing was dated and that he could have benefitted from updated training.  His testimony also indicated that his original offense report was either a mistaken or exaggerated account of actual events.  The deputy testified that when the defendant exited his vehicle, the stumbling, slurred speech, use of the vehicle for balance and the odor of alcohol were actually not pronounced.  He also stated that regarding the traffic violations, the defendant actually did stop at the signs, it was just an estimated 5-10 feet past the actual sign.  Further, he stated that his assessment of the defendant’s driving fell within the law.

The defendant took the stand and offered plausible reasons for his hurried and reckless driving that were separate from intoxication.  He denied intoxication.  He stated he drank three beers earlier with a friend in Lakeway and then took an unfamiliar shortcut down Hamilton Pool Rd. on his way home.  He then missed his turn and became frantic because he knew he still needed to stop by his work location before making it back to his temporary residence at a friend’s apartment.  The apartment’s security gate would close at 11:00 pm and he did not have the code to get into the gate.  The defendant was vigorously cross examined by the prosecution.  The jury deliberated for 7 minutes and returned a verdict of Not Guilty of DWI 2nd Offense.

 

And yet another DWI Acquittal for Austin DWI Attorney, Kyle Lowe

January 5th, 2011 by Kyle Lowe

Austin DWI Attorney, Kyle Lowe continued his streak of DWI acquittals on November 17th when a Williamson County jury acquitted his client of  DWI 2nd Offense.  A jury was impaneled on November 15th, 2010 in Williamson County Court of Law #2, Honorable Tim Wright presiding.  The case was prosecuted by the Chief of that court.

The facts of the case are as follows:  Client was stopped for speeding on RM 1431 near IH35 by a DPS Trooper.  The Trooper testified that said client was exceeding the speed limit by 15 mph at approximately 1:30 am.  The Trooper continued by stating the client believed she was traveling at 55 mph and when asked, she honestly did not know the exact time of day without looking at her watch.  The Trooper then stated that the client admitted having 2 beers within several hours, had slurred speech, exhibited ‘marked’ sway, unsteady gait and, after a HGN test (eye exam), showed intoxication.  The Trooper concluded his testimony by stating that the client constructively refused any other field sobriety and breath tests.  Upon cross examination by Kyle Lowe, the Trooper softened his statements regarding the client’s intoxication by stating that her speech was ‘only slightly slurred’ and that her ‘sway was not visible on the video’ due to the distance from the camera to the parties.  Further cross examination of the Trooper revealed that his HGN exam of her eyes was not in compliance with the standards set forth by the NHTSA (National Highway Traffic Safety Administration) and that much of the evidence he used was not visible on camera.  The Trooper also revealed that the client’s ‘excited and emotional responses’ in the vehicle during transport to the county jail were ‘not unusual’ for DWI defendants who begin to realize that detention/incarceration is imminent.

The jury did not believe there was sufficient evidence to convict and unanimously acquitted the client of DWI, 2nd Offense.

Austin DWI Attorney, Kyle Lowe, back on track with another DWI Acquittal

December 21st, 2010 by Kyle Lowe

After June brought a guilty verdict, Austin DWI Defense Attorney, Kyle Lowe restarted his win streak with another DWI acquittal in August.  His client was acquitted in Travis County Court of Law #7, Honorable Elisabeth Earle presiding.  Client was originally arrested for DWI in Travis County following a stop for Speeding on 6th Street.  Austin Police Department officers testified that from their stationary position near Whole Foods Market at 6th and Lamar, they clocked said client going 40 mph in a 30 mph zone.  The police officers went on to testify the following additional indicators of intoxication:  when stopped, a request was made for the client’s TX Drivers License at which time the client handed them a credit card; the officers reported that the client had low, thick-tongued speech, was slow to respond to questions, admitted drinking at least 3 beers and did not know the exact time of day.  During the field sobriety tests, officers testified that the client had 4 of 6 indicators on the HGN eye test, could not keep his balance while being instructed to do the walk and turn test, then, while performing the walk and turn, he missed the heel to toe motions, took 8 steps instead of the instructed 9 and turned incorrectly.  Further evidence offered by the officers was that the client had a delayed estimation of time during the Rhomberg balance test and, while performing the one-leg stand test, he swayed, used his arms for balance and put his foot down one time.

Under cross-examination, the Austin police officers revealed that they were conflicted as to whether the speed limit in the area the client was clocked was actually 30 or 35 mph.  Further testimony revealed that since it was actually a 35 mph zone that the client was clocked in, the officers would not have stopped someone unless they were exceeding the speed limit by 10 miles.  Additional cross examination led one of the officers to state that, although he was sure the client was driving while intoxicated, since the client exhibited only 4 of the 6 indicators on the HGN, there was a strong possibility that the client could have been below the .08 standard for intoxication as set forth by the NHTSA.  Further cross examination of the officer revealed that the client as well as many others who are not ultimately arrested for DWI walk 8 steps instead of 9 on the walk and turn portion of the testing.  Additionally, the officer testified that the client did fairly well on the walk and turn test as well as the one-leg stand.  Upon further questioning, one of the officers became noticeably frustrated with the questioning by Kyle Lowe.  The officer began turning red-faced with anger and became verbally aggressive and evasive while on the stand.  Following the officer’s testimony, the client then took the witness stand as did the client’s friend who had witnessed said client’s drinking that evening.  Following this testimony, the defense rested.

After 3 hours of deliberation and two and a half days of testimony, the jury returned a unanimous verdict of NOT GUILTY.