1.29.2010

DWI Trial Update

Actual photo from yesterday taken with permission of Judge Cude. Exciting, no?
  • They've been trying lots of cases in the County Court at Law.
  • This one involves some full time firefighter who looks great on the videotape but blew over .08. (I'm not sure what the level was, but I'm thinking .11 or .12)
  • Those cases can be won, but it takes a little bit of luck. It's just a "do you want to believe your eyes or do you want to believe a machine?" argument.
  • The defense lawyer is out of Fort Worth and his style is completely different from mine. But to each his own.
  • Oddest sight: There is a little 5" plastic Godzilla toy sitting on the counsel table. At first I thought it belonged to the defendant, but it actually belongs to the lawyer. I have no idea.
  • I think the defense has hired a former cop as an expert to attack whether the field sobriety tests were administered properly. I like the effort, but I don't understand it. The defendant looked great on the field sobriety tests, the breath test is the problem.
  • Every juror (four men, two women) either had on a black shirt or black jacket yesterday.
  • One of the gals looks like Maggie Gyllenhaal.
  • It should wrap up today.
Edit: Verdict of Guilty.

25 comments:

Anonymous said...

I wonder if that is my neighbor? His wife is Celina. Mmmmmmm........ Rumors in the sub is he likes to frequent Frilly's.

Anonymous said...

Do the crime, do the time...

Anonymous said...

What led to the traffic stop? Erratic driving? Speeding? Or something really serious like a licence plate light not working?

Anonymous said...

Unfortunately for the Firefighter is that he loses his job forever . The machine the DPS uses is an outdated piece of 1980s technology.

Anonymous said...

Just got a text that Decatur schools are closing @ 10:40. Can anyone @ ISD confirm??

Anonymous said...

Would that be Paradise? 9:20am

Barry that is a "scientific instrument" with a technical supervisor in place to explain mechanics of operation, not a "machine". U know that by now..

chupacabra said...

Hope the best for the guy- really do. Everyone screams about "all the lives ruined by drugs and alcohol." Well and good- honestly, but that number pales by about eleventy billion times the number of lives ruined prosecuting and punishing people when otherwise- no one was hurt.

The plastic Godzilla? Raaar- it fuels the lawyers inner beast.

Mark said...

They've been trying lots of cases in the County Court at Law.
Isn't that what a "newcomer" to the prosecuters office tries to do?
Wonder what the win/loss score is for his first month?

Anonymous said...

Hey 10:25 - why not call the school and confirm. I bet that would be the best confirmation source you could get.

Anonymous said...

Those machines are full of problems, you can make them read anything you want. About as perfect as Radar.

Anonymous said...

Never blow into one of those machines!

Anonymous said...

Why yes it is 10:35.

Anonymous said...

chupacabra, my 5 year old nephew and his maternal granmother were killed last year before noon on March 1st by a guy whose blood alcohol level was .19...tell his dad and my family that it "pales" in comparison to the ones whose lives are ruined being prosecuted. Just what price do you put on one life? Just because no one gets hurt doesn't make it right nor does it negate the fact that there has to be prosecution.

Anonymous said...

To 10:50 AM--it's not the prosecutor's first month, he has been in office for 1 year and 1 month, and he has been trying lots of cases. About 50/50, winning some and losing some, which is to be expected, because the ones who go to trial are the "close" ones. Overall? James Stainton has been doing an excellent, professional job as County Attorney (and no, I don't work for him). :)

Anonymous said...

Didn't 2010 ring in the blood draw?

Anonymous said...

I'm sick of hearing about Haiti. Let's talk about Cabo...

Anonymous said...

When Jake and Maggie have a make out scene in a movie they will have proved their worth as actors.

Anonymous said...

Who is the Fort Worth lawyer?

Anonymous said...

Kind of unusual that a firefighter would drive while intoxicated; I always strike them from dwi panels because most of them say the same thing: they've seen the effects of driving while intoxicated (i.e., accidents) and I don't think they can be impartial.

Anonymous said...

So what was the sentence? U always bolster when u win and hardly ever elaborate when someone loses a dwi trial.

Anonymous said...

What the hell difference if he was a firefighter or the cart man at Wally world.I get tired if adds that say moving ,painting,shingling ect by a firefighter.What difference does it really make.A couple of weeks ago one drunk cop ran into another.What if it had of been a firefighter.Been just of dead.DAGO

Anonymous said...

Dago--

You might be guilty of commenting under the influence. I didn't realize someone could slur with the keyboard

Anonymous said...

You probably were not out of grade school when I grew up and quit drinking.While it's on my mind I feel the same way when one of the rising football heros get shot in a gang related incident.DAGO

Anonymous said...

Dago, Congrats on giving up drinking. However, it is still legal for others. The question before the jury was whether he was "legally intoxicated" - not whether or not he'd had anything to drink.

Mark said...

I stand corrected on how long the County Atty. has been in office. The year got away from me.