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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 ‘austin police department’

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.

Travis County approves drawing DWI suspects’ blood at jail

May 27th, 2010 by Kyle Lowe

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.

Sixteen Blood Draws in Austin PD’s Latest ‘No Refusal’ Enforcement

March 27th, 2009 by Kyle Lowe

Last week we warned that those in attendance for SXSW should be careful to avoid getting an Austin DWI, as there was no doubt police would be on high alert. Turns out 25 people were arrested between 9pm Friday and 5am Saturday, according to KVUE News.

It was the latest “No Refusal” enforcement from the Austin Police Department, the program where if a driver is pulled over for an Austin DWI, they may not decline to take a breathalyzer test. And if the driver says “no,” the Austin police officer can get a warrant for their blood. The last “No Refusal” enforcement happened on Super Bowl Sunday, when 21 Austin DWI arrests were made.

According to KVUE, nine out of the 25 people arrested for an Austin DWI last weekend gave a breath sample, and the remaining 16 had search warrants issued on them so that APD could draw blood samples. Since the average number of Austin DWI blood draws on other “No Refusal” nights is 25, police noted that 16 was relatively low.

Don’t Get an Austin DWI

An Austin DWI can be a permanent mark on your record — it’s very, very serious. If you’re ever arrested for an Austin DWI, be sure you know your rights. You’ll want to hire an Austin DWI attorney who has a proven record of fighting for clients’ rights. Getting an experienced, knowledgeable Austin DWI attorney like Kyle Lowe on your side can be beneficial, since it’s possible that police officers can make mistakes when it comes to DWI arrests. If you’ve been arrested for Austin DWI, contact attorney Kyle Lowe today for a free case evaluation.