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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 ‘intoxication’

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.

And yet another DWI Acquittal for Austin DWI Attorney, Kyle Lowe

January 5th, 2011 by Kyle Lowe

Austin DWI Attorney, Kyle Lowe continued his streak of DWI acquittals on November 17th when a Williamson County jury acquitted his client of  DWI 2nd Offense.  A jury was impaneled on November 15th, 2010 in Williamson County Court of Law #2, Honorable Tim Wright presiding.  The case was prosecuted by the Chief of that court.

The facts of the case are as follows:  Client was stopped for speeding on RM 1431 near IH35 by a DPS Trooper.  The Trooper testified that said client was exceeding the speed limit by 15 mph at approximately 1:30 am.  The Trooper continued by stating the client believed she was traveling at 55 mph and when asked, she honestly did not know the exact time of day without looking at her watch.  The Trooper then stated that the client admitted having 2 beers within several hours, had slurred speech, exhibited ‘marked’ sway, unsteady gait and, after a HGN test (eye exam), showed intoxication.  The Trooper concluded his testimony by stating that the client constructively refused any other field sobriety and breath tests.  Upon cross examination by Kyle Lowe, the Trooper softened his statements regarding the client’s intoxication by stating that her speech was ‘only slightly slurred’ and that her ‘sway was not visible on the video’ due to the distance from the camera to the parties.  Further cross examination of the Trooper revealed that his HGN exam of her eyes was not in compliance with the standards set forth by the NHTSA (National Highway Traffic Safety Administration) and that much of the evidence he used was not visible on camera.  The Trooper also revealed that the client’s ‘excited and emotional responses’ in the vehicle during transport to the county jail were ‘not unusual’ for DWI defendants who begin to realize that detention/incarceration is imminent.

The jury did not believe there was sufficient evidence to convict and unanimously acquitted the client of DWI, 2nd Offense.