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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’

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 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.

21 Austin DWI Arrests Made on Super Bowl Sunday

February 12th, 2009 by Kyle Lowe

According to News 8 Austin, there were 21 Austin DWI arrests made on Super Bowl Sunday earlier this month. A large number for one day, no doubt, but it was all because of the Austin Police Department’s “No Refusal” program that was set up for the day.

The program has been implemented three times so far in Austin. The “No Refusal” program means that if a driver is pulled over for an Austin DWI, they can’t say “no” to a breathalyzer test. If they did say “no,” then Austin police officers could get a warrant for their blood.

Between 9pm Sunday and 5am Monday, 21 Austin DWI arrests were made. News 8′s story noted that of those 21, 12 said “no” to a breathalyzer test or blood sample. So a judge provided a warrant to draw their blood. Also, three out of the 21 people arrested for an Austin DWI had a blood alcohol level of less than .08. Five out of the 21 had a blood alcohol level higher than three times the legal limit, while 10 out of the 21 had a level of two times the limit.

Two people arrested for an Austin DWI that evening had been involved in traffic collisions.

This is yet another example of why it’s just so important to know your rights when it comes to an Austin DWI arrest.  There’s no question that an Austin DWI is very serious. And it’s possible that it can be a scar on your record for the rest of your life.

Austin DWI attorney Kyle Lowe is competent and experienced in dealing with these types of cases and understands what you may be going through if you’ve been arrested for an Austin DWI. If you or a loved one have been charged with an Austin DWI, contact attorney Kyle Lowe for a free case evaluation as soon as possible so that you can find out what steps to take next.