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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 arrests will likely spike during SXSW 2013

March 9th, 2013 by Kyle Lowe

It has arrived.  The much anticipated yearly convergence of all things high tech, indie and musical known as SXSW.  The ten day annual conference/festival draws folks from around the world and the number of visitors is projected to be in the hundreds of thousands.  With the increase in visitors comes an increase in crime, but nothing that APD foresees as unmanageable.  According to APD Assistant Chief Raul Munguia, the biggest spike will be seen in thefts.  Typically the scenario for thefts consists of people setting their cell phones, purses or bags down one minute then turning back around to find them gone.  Last year saw seven aggravated assaults, four aggravated robberies and four sexual assaults.  The alcohol fueled fest is also expected to produce an increase in DWI and alcohol related offenses.  DWI arrests shot up 100% (from 15-30) between 2011 and 2012.  Conversely, arrests for public intoxication decreased from 83 in 2011 to 49 in 2012.  This dip is attributed to a change in APD’s protocol as it relates to Austin’s tourism boom.  Munguia stated, “With PI’s, our goal is not to arrest them and throw them in jail.  Our goal is to make sure everyone’s safe.  When people come down to SXSW and most of these events, they come in groups.  And oftentimes what we’ll do is release a person who is intoxicated to a sober person that’s with them that’s going to take charge of them and get them out of there.  And that’s what we prefer to do.”  Munguia calls this approach “tourism-centered policing”, police presence that implies law-abiding expectations delivered with a congenial, non-confrontational tone.  Feedback from our city’s first ever F1 event was very positive.  Munguia says all he heard was how pleasant the APD officers were.  Given that Austin has become what Munguia refers to as an “events city”, APD’s new approach to public safety appears to be both effective and well received.

Increased demand for DWI blood testing cited as one cause of Austin Crime Lab backlog

March 8th, 2013 by Kyle Lowe

The Austin Police Crime Lab, started nine years ago in response to severe delays in DPS forensics analysis turnaround time, is now experiencing it’s own serious backlog.  The reasons?  According to an article in the Austin American Statesman, an increased demand for blood analysis in drunk driving cases, an increase in the collection of forensic evidence in general, and staffing that is the same today as it was nine years ago.  The chronic delays caused Travis County’s 13 criminal court judges and both the District and County Attorneys to request immediate funding from the City Council to hire three new forensic chemists.  It’s considered a band-aid, but the City Council responded with $181,000 for three new hires and lab equipment to ride out the rest of the budget year.  The in-house testing of blood, DNA, fingerprints, ballistic and narcotic samples was aimed at shortening the turnaround time experienced by sending everything to the Department of Public Safety.  Instead, it is now causing the delay of criminal cases.  Since 2008, forensic samples sent to the crime lab has increased 25%.  Astonishingly, the number of blood samples sent to the crime lab over the same period of time rose 355%.  The increases align with a greater push by the Austin Police Department on DWI cases as well as “no refusal”  initiatives which allow officers to obtain blood search warrants on suspected drunk drivers.  The average wait time for blood testing is now 200 days, six times longer than it was three years ago.  The new staffing should ease the current backlog, however, forensic testing is an extremely careful process that takes time.  The hope is that the increased staffing will help ease the bottleneck of pending criminal cases.

Austin DWI/Criminal Defense Attorney, Kyle Lowe, wins Assault with Bodily Injury Acquittal

January 15th, 2013 by Kyle Lowe

Another jury trial win for Austin DWI/Criminal Defense attorney, Kyle Lowe occurred on September 19, 2012 in County Court of Law #4, “The Family Violence Court” of Travis County.  The jury returned with a Not Guilty finding to the allegation of Assault with Bodily Injury on a family member.

 

A jury was empaneled on September 17, 2012 to decide an allegation of Assault with Bodily Injury alleged by citizen witnesses and police.  Witnesses asserted that they saw the defendant assaulting his girlfriend inside their car in a North Austin neighborhood.  The State produced four 911 callers who each testified as to why they called for emergency assistance that day.  Each witness recounted that, as they drove past or were standing near the defendant and his girlfriend, they observed the defendant repetitively pushing and pulling on a female who was in the driver’s seat of the vehicle.  Two police officers testified that they responded to the scene and observed injuries on the female victim consistent with those of an assault.  Both officers testified that, although the male defendant had a very strong foreign accent, they believed he told them that he was angry at his girlfriend because she was talking to other men at the party they had just left.  Our client testified that he, in fact, was not assaulting his girlfriend but merely attempting to get her out of the driver’s seat due to her degree of intoxication.  Client testified that his girlfriend was grabbing on to the steering wheel and each time he would reach in to pull one of her hands off the steering wheel she would latch on to the wheel with the other.  After cross examination of the 911 callers/witnesses by Kyle Lowe, the witnesses admitted that the defendant’s behavior only appeared to be abusive, that the frequent “reaching in” to the driver’s side by the defendant could definitely have been his attempt to remove her, and they further confirmed that none of them actually witnessed a physical blow to the girlfriend’s body.  The police officers testified that, although the girlfriend refused to say anything at the scene, it was possible that she did so to protect herself from a potential DWI arrest.  The officers also agreed that the injuries they observed on the girlfriend could have been sustained from a prior fall and not from actual punches to her body.  Both the client and his girlfriend testified similarly that they were not assaulting nor being assaulted and that they had never reported being angry due to one or the other talking or flirting with others at the party.  Following closing arguments the jury deliberated for an hour and a half and returned with the verdict of Not Guilty.