DWI & Criminal Defense News

Austin Criminal Defense Attorney, Kyle Lowe Wins Murder Acquittal

Kyle — Thu, 07 Apr 2011 19:48:13 +0000

Cody Duggan

As reported in the Austin American Statesman on February 10, 2011; shooter who killed 1, hurt another is acquitted of murder and gets probation.

Accepting his testimony that he acted in self-defense, a Travis County jury acquitted a 25-year-old man of murder in a fatal July 2009 shooting during a drug deal gone bad in South Austin. The jury, however, found Cody Duggan guilty of aggravated assault for shooting and wounding another man during the same incident at the Club at Summer Valley apartments on West William Cannon Drive near South First Street. The jury sentenced Duggan to five years of probation.

Duggan, who had been free on bail, hugged his lawyer, Kyle Lowe after the probation sentence was announced. In thanking the jury members for their service, state District Judge Julie Kocurek called it “a senseless crime that ruined a lot of lives.”

Austin criminal defense attorney, Kyle Lowe said that Duggan was a waiter and small-time drug user with no criminal record who heard from a friend in July 2009 that he could score about 150 Xanax pills for $300. During a meeting at the apartment complex in the early morning hours of July 29, Julian Garza took Duggan’s money and told Duggan to wait in the parking lot while he retrieved the drugs, Lowe said. Lowe stated that when Garza returned, he was with two men who told Duggan that he would not be getting the drugs or his money back. According to attorney, Kyle Lowe, Thomas “T.J.” Geredine and Josh Carlson, both 21, started coming at Duggan. As Geredine cocked a handgun, Duggan shot Geredine and Carlson. Geredine died; Carlson survived. Lowe stated that evidence during the 8-day trial showed that Carlson and Geredine had criminal records for assaultive crimes and that both had been using methamphetamine before the confrontation.

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

Kyle — Wed, 05 Jan 2011 16:55:03 +0000

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

Kyle — Tue, 21 Dec 2010 22:46:19 +0000

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.

Austin DWI Attorney, Kyle Lowe, snags third DWI acquittal in a row

Kyle — Mon, 13 Dec 2010 17:01:32 +0000

Austin DWI Attorney, Kyle Lowe, secured his third Travis County DWI acquittal in a row. Moments before jury selection in County Court at Law #8, Honorable Carlos Barerra’s courtroom, a Travis County prosecutor offered a reduction of charges to Mr. Lowe’s client. The offer on the table was to plea to Obstruction of a Passageway; the client rejected the offer. Following jury selection, two Austin police officers took the witness stand and alleged the following indicators of intoxication: that Mr. Lowe’s client failed to signal a lane change on Congress Ave. at 12:15 a.m.; that said client admitted to drinking 1-2 beers; that said client engaged in excessive movement and had slurred, thick-tongued speech during field sobriety testing, and that he demonstrated 4 of 6 indicators on the HGN (eye test). Additional observations during testing were: that said client swayed and used his arms to balance himself on the one-leg stand, that the client failed to touch heel to toe during the walk and turn portion of the test, stopped while walking, took the wrong number of steps, and then awkwardly turned around. During the final test, one of the officers testified that said client was to stand with his feet together, close his eyes, tilt his head backwards, and estimate the passage of 30 seconds. The testimony was that the client was off by 10 seconds. At the conclusion of the field testing, said client was arrested for DWI, whereupon he refused the breath test and claimed on video that he did not understand the statutory warning the APD officer read to him prior to the request for a breath specimen. Upon cross-examination, both APD officers revealed that the HGN eye test must be performed exactly as the NHTSA (National Highway Traffic Safety Administration) requires and that further, since Mr. Lowe’s client was facing the lights of oncoming traffic, his eyes could have shown false indicators of intoxication due to the strobe effect of passing headlights. After further cross-examination, the APD officers also acknowledged that said client’s mistakes on the walk and turn test were not overly significant and that Mr. Lowe’s client held his foot up for 31 seconds, a time which exceeded the maximum due to the client’s slow counting. Mr. Lowe’s client did not take the stand; the jury deliberated for an hour and a half and returned a verdict of Not Guilty of DWI.

Bastrop Police Chief Resigns after DWI arrest in Austin, Texas

Kyle — Fri, 10 Sep 2010 05:38:32 +0000

Chief David Board has resigned his position with the Bastrop Police Department after being arrested for DWI in Austin, Texas. The 46 year-old was pulled over on August 16 and cited for misdemeanor DWI. Reportedly, he was seen swerving in and out of lanes and making illegal turns in the 3500 block of Ed Bluestein. Officers observed a strong odor of alcohol and bloodshot eyes. Court records show Board was previously arrested for DWI in 1984 before he became a police officer. Board had been police chief in Bastrop since 2002. He will be allowed to remain on leave until October 31, 2010 in order to receive full retirement benefits. Assistant Chief Matt Wagner will lead the department until a permanent chief is named.

10 Mistakes People Make after being Arrested for a DWI in Texas

Kyle — Thu, 02 Sep 2010 20:23:37 +0000

If you have been arrested for a DWI in Austin or the surrounding cities, here are ten commonly made mistakes you need to avoid according to Biederman and Burleson, P.L.L.C.;

Not taking the matter seriously. This is a charge that can follow you for the rest of your life if you are convicted. The additional cost of auto insurance alone could cost you thousands of dollars.
Not hiring an experienced DWI attorney. The law is extremely complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.
Hiring a DWI attorney based on the amount of the fee alone. The State of Texas has almost unlimited resources when it comes to your case. You need to hire an experienced DWI attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution.
Not complying with the Driver’s License law. You could lose your right to drive.
Driving after your license has been taken away.
Not taking full advantage of your constitutional rights.
Taking the prosecutor’s first offer. The first offer is not a bargain; its just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it’s case.
Failing to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
Talking to anyone but an experienced DWI attorney about your case. Anything you say to anyone else can be used against you.
Thinking that talking to a numerous amount of attorneys will help you handle your case yourself. You need to hire a DWI lawyer and have him handle your case in the courtroom.

Travis County approves drawing DWI suspects’ blood at jail

Kyle — Thu, 27 May 2010 17:44:10 +0000

According to an article in the Austin American Statesman, blood could soon be drawn at Central Booking at the Travis County Jail after county commissioners voted 4-0 to approve changes to an agreement between Travis County and the City of Austin. The Austin City Council is expected to consider the changes later this month. If the changes are accepted, Austin police officials will solicit bids for the phlebotomy services with a potential June start date for the new protocol. A law went into effect last year that expanded the circumstances in which blood draws or breath tests from DWI suspects would be required. Instances where the victims are injured and transported for medical care and where there is a child present in the vehicle of the suspect are now cause for mandatory blood draws and/or breath tests. Given these new guidelines, The Travis County Sheriff’s Office and Austin Police Department estimate that an additional 300-400 blood draws will be required on top of the 400-500 that occur each year. An experienced DWI attorney is crucial if you have been charged with drunk driving in Austin, or the surrounding counties. Take your fear out of the process by contacting Austin based DWI attorney, Kyle Lowe at (512) 750-5693.

Texas DWI: Ignition Interlock Laws to Expand?

Kyle — Thu, 29 Oct 2009 16:34:48 +0000

Two Texas DWI bills are currently before the Senate Committee. House Bill 4061 would effectively expand the criteria for mandatory installation of an ignition interlock device in a vehicle. This device analyzes a driver’s breath sample and disables the vehicle ignition if the blood alcohol content (BAC) registers above a pre-set limit. Currently, Texas DWI law requires an ignition interlock for repeat DWI offenders and those who register a very high BAC at the time of arrest.

If this law passes, we would see a local impact of nearly double the number of motorists required to install an ignition interlock system if they are convicted of a DWI in Austin, Texas. All motorists convicted of a DWI in Texas, including first-time offenders, would be directed to do so, however, judges would be left with the discretion to find the interlock installation unnecessary.

The second DWI measure being considered would permit larger cities, such as Austin, Texas and highly populated counties, like Travis and Williamson County, to establish sobriety checkpoints.Overriding concerns abound with this measure such as racial profiling, inefficiency, and a perceived police state where motorists are stopped without reasonable cause.

If you have been arrested for a DWI in Austin, Texas or Travis and Williamson Counties, time is of the essence.Call Kyle Lowe, a seasoned Austin DWI Attorney with 16 years of DWI and Criminal Law experience.

The Psychology of a DWI Stop

Kyle — Wed, 10 Jun 2009 23:01:11 +0000

The psychology of a DWI stop is an incredibly subjective thing. One might suggest that there is a predetermined decision in the mind of a police officer, based on the time of day, the locale, the proximity of the vehicle to local bars/nightclubs, or the prevalence of previous DWI arrests in the same area, that a driver pulled over for a traffic infraction in that same area will be assumed drunk before the police officer even approaches the vehicle.

According to an article written by Shorstein and Lasnetski, whether a DWI arrest is made is not based on concrete, objective factors that can later be confirmed in court; rather, the decision to arrest for DWI will often be based on the perceptions, observations, conclusions and biases of the police officer. Just about every police officer that has made a DWI arrest since the beginning of time will report that the suspect had bloodshot and watery eyes, emitted a strong odor of alcohol, had slurred or mumbled speech and failed the field sobriety tests if the driver submitted to them. However, those conclusions are all very subjective. How bloodshot and watery were the driver’s eyes compared to what they normally look like? What if the driver was in a smoky bar or staring at a computer screen all day? How strong is a “strong odor of alcohol”? What is slurred speech compared to how a person normally speaks? Over the entire period of the police encounter, how often must the driver slur his/her speech for it to be considered significant? Is the speech slurred due to alcohol or because the person is nervous? How the officer interprets these questions is very subjective.

The word “bias” is not used negatively here but as a natural and normal psychological phenomenon- a cognitive bias, and it is a significant factor. The human brain is wired to see patterns and draw conclusions subconsciously. While we would hope that a police officer would come to a conclusion of driving while intoxicated only after assessing all of the relevant data, humans have a psychological tendency to draw the conclusion and fit the data to conform to that conclusion. The human brain is also wired to avoid conflict. In other words, if we believe something to be true, (i.e. we see something we believe conforms to a pattern we assume exists), we challenge ideas or perceptions that are inconsistent with our belief and automatically accept ideas that are consistent with our belief. The human brain is much happier when ideas and perceptions are consistent.

During a DWI stop in Austin, Texas, if a police officer believes the driver is under the influence of alcohol, (i.e. that is the idea he/she perceives as being consistent with the pattern he/she accepts), the officer may interpret the subsequent evidence to conform to that belief. As a result, these subjective factors like bloodshot and watery eyes, slurred speech, an odor of alcohol and performance on field sobriety tests may be interpreted to be consistent with the “idea” of a drunk driver rather than what the facts actually illustrate.

To simplify, a police officer may have observed people commit traffic violations late on the weekends who turned out to be driving drunk hundreds of times or more. That officer, as humans are prone to do, will start drawing conclusions based on that experience. The next time that officer pulls a driver over in similar circumstances, his/her brain relates back to prior drivers who were drunk. The pattern is established. We can all relate to the idea that we like to be proven right and we do not like to be proven wrong. It is intellectually uncomfortable to draw a conclusion only to find out it was incorrect. The defense mechanism our brains use to avoid that state of cognitive discomfort forces our brain to see what we want to see, hear what we want to hear and assume what we want to assume to conform to our primary belief– that the driver is driving while intoxicated- even if the facts tell a different story. It is a psychological phenomenon that cannot be denied. As a result, the police officer fits this next potentially drunk driver into the pattern that has developed and may interpret the data from the DWI stop to conform to that pattern and his/her conclusions.

So, what should you do if you are pulled over by a police officer who suspects you of DWI in Austin, Texas? You cannot fight the instinctual operation of the human brain. You can, however, limit the information you provide to the police officer that can be interpreted unfavorably against you. After you give your name, license, insurance and/or registration, you can politely ask for an Austin DWI attorney in response to any further questions or requests. Keep in mind that anything you say or do can and will be used against you, and when you are dealing with so many subjective factors that are involved in a typical DWI investigation, the less you say and do, the better.

If you need an experienced DWI lawyer in Austin, Texas or the surrounding communities, contact Kyle Lowe at 512-750-5693.

Top Things Police Officers Watch For When Looking for Drunk Drivers

Kyle — Wed, 06 May 2009 21:46:07 +0000

According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, police officers are taught to look for the following red flags:

● Anything which may draw their attention to a vehicle (especially at night time) such as:

A moving traffic violation;

Weaving across a lane; Abruptly swerving; Turning with too wide a radius; Almost striking an object or other vehicle; Stopping incorrectly; Rapid acceleration or deceleration; Driving on the wrong side of the road; Slow response to traffic signals; Slow or failure to respond to an officer’s signals; Stopping in a lane for no apparent reason; No headlights; Driving in an area other than a marked traffic lane; Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window;

● An equipment violation (burned out tail light or burned out license plate light);

● An expired registration or inspection sticker;

● Any unusual driving actions such as weaving within a lane or moving at a slower than normal speed;

● After the stop, evidence of drinking or drugs in the vehicle itself.

Following a suspected DWI stop, police officers will look for the following signs of intoxication according to the DWI Detection training manual:

● Slowed reactions;

● Impaired judgment as evidenced by a willingness to take risks;

● Impaired vision;

● Poor coordination;

● Difficulty exiting the vehicle;

● Fumbling with drivers license or insurance;

● Repeating questions for comments;

● Swaying, unsteady or balance problems;

● Leaning on the vehicle for support;

● Slurred speech;

● Slow to respond to officer/officer must repeat;

● Providing incorrect or changing answers to the same question;

● Odor of alcohol

If you have been arrested for a DWI in Austin, Texas or the surrounding counties, time is of the essence. Contact Kyle Lowe, an Austin DWI Attorney with 16 years of DWI and Criminal Law experience. Your case evaluation is free, your peace of mind is priceless.