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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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Posts Tagged ‘apd’

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.

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

December 13th, 2010 by Kyle Lowe

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.

Austin DWI Update: APD’s ‘No Refusal’ Policy

February 4th, 2009 by Kyle Lowe

While football fans were done watching the big game and out celebrating — or not, depending on who they were rooting for — the Steelers’ win on Sunday night, Austin Police Department officers were watching for drunk drivers.

From 9pm on Sunday until Monday at 5am, APD’s “No Refusal” policy made it so that drivers could not give “no” for an answer when they were pulled over for a suspected DWI in Austin. This meant, essentially, that if a driver said “no” to a breathalyzer test, Austin police officers would get a warrant for their blood.

Austin DWI blood draws are controversial: many are firmly against them, while others believe they’re a necessary step to keep drunk drivers off Austin streets. Plus, in court Austin DWI blood draws help prove whether a driver was intoxicated.

This isn’t the first time the Austin Police Department has instituted the “No Refusal” policy/Austin DWI blood draws. They’ve done it two times previously.

If you’re pulled over for an Austin DWI, you simply must know your rights.  Provide the Austin DWI officer with your driver’s license and proof of insurance, and be sure not to give any incriminating information. If the officer asks you any incriminating questions, be polite but firm in saying that you respectfully decline to answer any questions until you consult with your Austin DWI attorney, Kyle Lowe.

Austin DWI offenses are very serious, and they can be on your driving record for the rest of your life. If you have an Austin DWI offense, it’s imperative that you hire an experienced, competent Austin DWI attorney like Kyle Lowe to be on your side.