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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 ‘DWI in Austin’

House Rep. Naomi Gonzalez charged with DWI in Austin

March 15th, 2013 by Kyle Lowe

It can happen to anyone.  House Representative Naomi Gonzalez, D-El Paso, was arrested and charged with DWI in Austin early Thursday morning after she crashed her BMW into a Fiat that subsequently hit a bicyclist.  According to an article in the Austin American Statesman, Gonzalez was traveling at about 50 mph down S. Congress near the Barton Springs intersection when she rear-ended the Fiat.  Gonzalez, the Fiat passenger and the cyclist were all taken to the hospital and treated for minor injuries.  By all accounts, Naomi Gonzalez is considered a rising star in the Texas Legislature.  The 34-year-old attorney was born and raised in El Paso and was named Freshman of the Year by the Mexican-American Legislative Caucus in 2011.  She currently sits as the vice chairwoman of the Human Services Committee and is also a member of the tax-writing Ways and Means Committee.  Her DWI arrest affidavit indicated a blood alcohol level of 0.164–more than twice the legal limit.  Reportedly, Gonzalez told APD officers that she’d only had two drinks between 12 and 1am while visiting the W Hotel in downtown Austin.  Officers observed during their interview that Gonzalez smelled of alcohol and her eyes were bloodshot and glassy.  Officers also reported that, “She cried about how she had worked so hard to get where she was.”  The current legislative session coupled with the city’s ten day SXSW event has downtown Austin bustling.  EMS released information that they had responded to 33 incidents in a 12 hour period involving crashes, traumatic injuries and alcohol related incidents.

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

September 2nd, 2010 by Kyle Lowe

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.;

  1. 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.
  2. 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.
  3. 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.
  4. Not complying with the Driver’s License law.  You could lose your right to drive.
  5. Driving after your license has been taken away.
  6. Not taking full advantage of your constitutional rights.
  7. 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.
  8. 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.
  9. Talking to anyone but an experienced DWI attorney about your case.  Anything you say to anyone else can be used against you.
  10. 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.

Texas DWI: Ignition Interlock Laws to Expand?

October 29th, 2009 by Kyle Lowe

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.