Strap "em Down and Take Their Blood!
Posted on Oct 16, 2012 12:39pm PDT
There is an undeniable and disturbing trend in Collin County, Texas. Citizens are being strapped into chairs, against their will, and having needles jabbed forcefully into their veins. The reason? There are too many DWI cases pending in Collin County courts (like in all Texas counties) and some judges believe more blood equals fewer trials.
There are some Collin County, Texas judge's who believe most people will plea "guilty" if blood is taken from them and the results are over the legal limit. While that may hold true for most attorneys' clients, it is certainly not true of our clients.
In fact, I have found that there are more defenses to a blood draw dwi than a breath test. The reason for this varies from the length of time it take to test the blood to the fact that multiple samples are tested at once (which potentially taints the results) to the simple fact that more fair-minded citizens just don't like the idea that the State can force blood out of citizens.
The basis for my opinion, that blood cases are more defensible than breath, comes from our trial numbers. Since 2011, we have had 11 clients found "NOT GUILTY" in trial in which the State had a blood test over .08. During that same time, 5 clients have been found "NOT GUILTY" in trial in which the State had a breath test over .08.
Lawyer's Note: Any grammatical or spelling errors are unintentional. I am a busy trial lawyer; there is not much time for editing. Please, forgive any mistakes!! Thank you.