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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...



Posts Tagged ‘dwi arrest’

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.

Know Your Rights In DWI Arrests

July 29th, 2008 by Kyle Lowe

DWI lawyers in Austin, Texas will all agree that less is more when it comes to DWI arrests in Austin.  Since 1998, Austin has had a dedicated DWI enforcement unit whose sole objective is to arrest drunk drivers.  Well trained, and well-versed in the science and law behind DWI offenses, these police officers are skilled at assembling evidence to prosecute you for DWIs in a court of law.  The 4th Amendment, however, protects American citizen’s right to privacy while the 5th Amendment protects American citizens from self-incrimination.  These constitutional rights should serve as your guidepost in the event that you are suspected of violating DWI laws in Austin, Texas.

From the moment that you get out of your car, the DWI enforcement officer will be video and audio recording everything that happens during the arrests.  Do not do anything that you would not want the judge, or your family and friends to see.  Do not say anything that would incriminate you for a DWI violation in Austin.  Do not be rude or stand-offish to the police officer.  Be polite but firm.

Provide the DWI officer with the standard traffic-stop information – driver’s license and proof of insurance – but do not provide him with any incriminating information. If the officer asks you to take any tests, a general rule of thumb is to cooperate and complete the field sobriety tests IF you’ve had 3 alcoholic drinks or less.  In the event you have had more than 3 drinks, simply decline the tests and state that you would like your DWI lawyer in Austin, Texas: Kyle Lowe present.  Also, remember to stay in front of the police camera.  If the DWI police officer asks you to step away from the line of view of the camera, inform him that you would like to stay in the line of sight of the camera so that all of your actions are recorded.  Your DWI lawyer will have a more difficult time defending you if anything takes place off camera, this will also insure that the DWI officer operates according to protocol.  Remember to be polite, but firm.  These are your constitutional rights that you are exercising and these steps will help your DWI lawyer with your case later.

If the DWI officer asks questions like “How much have you had to drink?” simply reply that you respectfully decline to answer without your Austin DWI lawyer, Kyle Lowe present.  Remember that the DWI tests, whether they be field sobriety tests or Breathalyzer tests, are not designed to prove your innocence but to help the DWI officer collect evidence and information to use against you in court.    If you are arrested, and they insist that you take a test, politely decline and request the counsel of your Austin, Texas DWI Lawyer.