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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 ‘kyle lowe’

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.

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.

Top Things Police Officers Watch For When Looking for Drunk Drivers

May 6th, 2009 by Kyle Lowe

According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, police officers are taught to look for the following red flags:

● Anything which may draw their attention to a vehicle (especially at night time) such as:

A moving traffic violation;

Weaving across a lane; Abruptly swerving; Turning with too wide a radius; Almost striking an object or other vehicle; Stopping incorrectly; Rapid acceleration or deceleration; Driving on the wrong side of the road; Slow response to traffic signals; Slow or failure to respond to an officer’s signals; Stopping in a lane for no apparent reason; No headlights; Driving in an area other than a marked traffic lane; Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window;

● An equipment violation (burned out tail light or burned out license plate light);

● An expired registration or inspection sticker;

● Any unusual driving actions such as weaving within a lane or moving at a slower than normal speed;

● After the stop, evidence of drinking or drugs in the vehicle itself.

Following a suspected DWI stop, police officers will look for the following signs of intoxication according to the DWI Detection training manual:

● Slowed reactions;

● Impaired judgment as evidenced by a willingness to take risks;

● Impaired vision;

● Poor coordination;

● Difficulty exiting the vehicle;

● Fumbling with drivers license or insurance;

● Repeating questions for comments;

● Swaying, unsteady or balance problems;

● Leaning on the vehicle for support;

● Slurred speech;

● Slow to respond to officer/officer must repeat;

● Providing incorrect or changing answers to the same question;

● Odor of alcohol

If you have been arrested for a DWI in Austin, Texas or the surrounding counties, time is of the essence.  Contact Kyle Lowe, an Austin DWI Attorney with 16 years of DWI and Criminal Law experience.  Your case evaluation is free, your peace of mind is priceless.