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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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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.

 

Intoxication hit-and-run law amended

March 25th, 2013 by Kyle Lowe

After heart-wrenching testimony about two recent alcohol related hit-and-run deaths, the Texas Senate Criminal Justice Committee proposed new legislation.  According to an article in the Austin American Statesman, the new law would close  a loophole in current state law that allows intoxicated drivers to escape with less punishment if they leave the scene of a fatal accident.  Currently a third-degree felony, Senate Bill 275 would make it a second-degree felony if a driver fails to stop and render aid in an accident involving death.  Senator Kirk Watson, D-Austin, who authored the new bill, stated that because hit-and-run drivers are often intoxicated, they know “to leave the scene to avoid prosecution for intoxication manslaughter” which currently carries a potential prison sentence of 2-20 years. Failure to stop and render aid alone, whether or not a death is involved, is currently punishable by 2-10 years.  Watson pointed out that drivers who flee the scenes of alcohol related collisions know that police officers will be unable to conduct field sobriety tests (including blood draws) that could immediately garner an intoxication related charge.  Watson further stated that hit-and-run related fatalities are rising in Texas.  Of 393 hit-and-run collisions investigated by the Austin Police Department in 2012, 12 involved deaths.  Houston had 36 deaths and Dallas had 12.  The Criminal Justice Committee unanimously agreed that the the increasing numbers of Texas hit-and-run incidents warrants a stiffer penalty.  They approved Watson’s bill and sent it to the full Senate for debate and passage.

House Rep. Naomi Gonzalez charged with DWI in Austin

March 15th, 2013 by Kyle Lowe

It can happen to anyone.  House Representative Naomi Gonzalez, D-El Paso, was arrested and charged with DWI in Austin early Thursday morning after she crashed her BMW into a Fiat that subsequently hit a bicyclist.  According to an article in the Austin American Statesman, Gonzalez was traveling at about 50 mph down S. Congress near the Barton Springs intersection when she rear-ended the Fiat.  Gonzalez, the Fiat passenger and the cyclist were all taken to the hospital and treated for minor injuries.  By all accounts, Naomi Gonzalez is considered a rising star in the Texas Legislature.  The 34-year-old attorney was born and raised in El Paso and was named Freshman of the Year by the Mexican-American Legislative Caucus in 2011.  She currently sits as the vice chairwoman of the Human Services Committee and is also a member of the tax-writing Ways and Means Committee.  Her DWI arrest affidavit indicated a blood alcohol level of 0.164–more than twice the legal limit.  Reportedly, Gonzalez told APD officers that she’d only had two drinks between 12 and 1am while visiting the W Hotel in downtown Austin.  Officers observed during their interview that Gonzalez smelled of alcohol and her eyes were bloodshot and glassy.  Officers also reported that, “She cried about how she had worked so hard to get where she was.”  The current legislative session coupled with the city’s ten day SXSW event has downtown Austin bustling.  EMS released information that they had responded to 33 incidents in a 12 hour period involving crashes, traumatic injuries and alcohol related incidents.