Can Police Bodycam Footage Help Defend You Against Assault Charges?

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Evidence

If you’ve been arrested for assault, you’re probably trying to think of anything that can help your case. Odds are, the arresting officers had bodycams turned on when they arrived. But would there be anything in there that could help you?

Assault charges cover a huge range of situations. Because the circumstances around each incident vary so widely, there is no single correct approach to building an assault defense. Every piece of evidence matters in an assault case.

Bodycam footage is one potential piece of video evidence. It can help your case, hurt your case or do a bit of both. You need a defense attorney who understands the different ways to approach this type of evidence and how to maximize any advantages.

The Right to Police Bodycam Footage

If police bodycam footage hurts their prosecution’s case, why would they share it with you? Maybe you think it’s not worth trying to get it.

The truth is that you have the right to that footage, whether the police and prosecutors want you to have it or not. Even if the prosecution isn’t going to use the footage, you have a right to use it in your defense.

How Bodycam Evidence Can Help Your Assault Case

Bodycam footage is more prevalent than ever. While the footage generally covers the aftermath of an assault rather than the incident itself, there are often moments or visuals that can be used by prosecutors or the defense.

Bodycam evidence can be compared to witness accounts, police reports and other evidence used in the case. This is important because the documents produced by law enforcement officers are at the heart of many cases involving assault accusations.

Bodycam footage can strengthen your defense in many ways:

  • Police evidence could be contradicted by the bodycam footage.
  • The footage may show important details that were left out of the reports.
  • The footage may contradict the prosecution’s timeline.
  • Items, injuries or other physical evidence may be visible that contradict or disprove part of the prosecution’s case.

As a practical matter, bodycam footage can be used to better understand the alleged assault. It can help provide context to the altercation.

Anything that casts doubt on the case against you is valuable. The burden of proof lies on the prosecution, meaning they must prove their accusations beyond a reasonable doubt.

The Downside to Bodycam Footage

Unfortunately, bodycam footage can work against you just as easily as it can work for you.

Assault accusations often come about from altercations where emotions are running high. Even someone acting in self-defense can appear like an angry aggressor in the aftermath of a confrontation. And police are under no obligation to warn you that they are wearing active bodycams.

Bodycam footage may show you in a bad light. It may include statements that make you look guilty. If you were intoxicated, the footage is unlikely to show you in the best light.

Still, your defense needs to address all the evidence, whether it helps your case or hurts it. Your attorney needs to know what’s in the footage that the prosecution may use. That way, they can build a robust defensefor you.

Contact a Texas Criminal Defense Attorney

Assault charges are a serious matter. You need a powerful defense to protect you in the Texas criminal justice system.

At Lee & Wood, GP, we have extensive experience with cases involving police bodycam footage. We can help you craft a strong defense. Call us at 817-678-6771 or contact us online.

DWI Defense: How the Timing of Your Test Matters

Criminal Attorney, Criminal Defense, Defense attorney, DWI, Evidence

You’ve been booked for a DWI/DUI, and the law enforcement officer who arrested you took a breathalyzer before doing so. You know the results were bad for you, and you may be feeling like a conviction is inevitable.

But it’s not inevitable.

In every legal case, your defense attorney should carefully examine any evidence prosecutors rely on. For drunk driving charges, they’ll scrutinize the test or tests that were used to determine whether you were under the influence. The timing of those tests matters and can be used in your defense.

Required Observation Before a Breath Test

A law enforcement officer will administer a breathalyzer test to measure your blood alcohol content (BAC) if they suspect you were driving under the influence. (You can refuse this, but they will probably get a warrant.)

In Texas, as in many other jurisdictions, the officer must remain with you for at least 15 minutes before they can administer a breathalyzer test.

The observation period is intended to make sure you do not eat or drink before taking the test. This should eliminate the possibility of mouth alcohol (ethanol that lingers in your mouth or throat after drinking) incorrectly inflating the results of your test.

Alcohol in the blood is present as vapor in your deep lung tissue, which a breathalyzer device measures when you blow into it. Breathalyzer tests yield meaningful results when they only test the air from your lungs. If you have alcohol in your mouth when you take the test, it will show a higher BAC than you actually have.

During the period of observation, you can’t put anything in your mouth. The clock must start over:

  • If you eat or drink anything
  • If you vomit
  • If you otherwise risk contaminating your breath sample

The law enforcement officer must observe you continuously for those 15 minutes. If the test operator fails to follow the 15-minute guideline, the test can be considered inadmissible evidence and excluded from your case. Since breathalyzer results are often vital for the prosecution, this can lead to your case being dismissed.

Consequences of a Delayed Breath Test

Intoxication is not instantaneous; your BAC climbs over time. Theoretically, a person could drink enough alcohol to be intoxicated and drive some distance before they actually become legally impaired.

A delayed breathalyzer test can throw your case into question: you may not have actually been intoxicated when you were driving, but the lag in testing allowed your BAC to climb.

Reasonable delays are common and expected. However, a longer delay opens up the possibility of having the test thrown out.

The issue is not always whether or not you were intoxicated. Driving with a BAC over 0.08% is a Class B misdemeanor, but driving with a BAC over 0.15% can raise the charge against you to a Class A misdemeanor. Penalties are more severe for the upgraded charge.

If a test delay can be used to argue that you deserve the lesser charge, it’s worth exploring.

Contact a Skilled Texas DWI Defense Lawyer Today

Drunk driving cases are surprisingly complicated. A strong defense can make a substantial difference in the outcome of your case. If you want to give yourself the best chance, you need to choose the right DWI attorney.

At Lee & Wood, GP, we defend clients facing DWI/DUI charges in Texas. Contact us by email or call us at 817-678-6771 to speak to our experienced team.

What Kinds of Non-Violent Contact Are Considered Assault?

Assault, Criminal Attorney, Criminal Defense, Defense attorney

Most people picture a fight or an attack when they think of an assault. That’s because the word “assault” is often associated with physical harm. Under Texas law, however, the definition of assault is broader, and there are non-violent forms that can still result in criminal assault charges.

Bodily Injury Is Not Necessary in Assault Cases

It’s a reasonable mistake to assume that you can’t be guilty of assault if you didn’t cause any physical damage to the other person(s). The definition of assault in the Texas Penal Code mentions bodily injury several times. It’s also true that there are many instances where assault involves violent physical contact.

But you don’t need to have caused bodily injury to someone to still land yourself in criminal court for assault. Below are some examples of what can be considered non-violent assault.

Threats of Physical Harm

This type of assault only involves the threat of imminent bodily injury. While it doesn’t require physical harm actually being done, it still includes conduct that many would consider frightening. In these cases, it’s possible for an assault charge to result from a situation where there is no physical contact of any kind.

Non-Violent Physical Contact Leading to Assault Charges

When can contact that isn’t violent cause you to face charges for assault? The key is that the contact must be offensive or provocative.

However, to charge someone requires more than the alleged victim being offended. The person making contact must know or reasonably believe that their behavior is something the alleged victim would find offensive or provocative.

Examples of Non-Violent Contact Leading to Criminal Charges

Perhaps the most common examples of this type of assault involve sexual contact. Unwanted touching in the form of groping, kissing or simulated sexual acts can be found offensive or provocative. Even a hug can form the basis of criminal assault if the person being hugged has indicated that that kind of contact is not welcome.

But contact does not have to be sexual to lead to assault charges. Spitting on someone constitutes physical contact, and most people find it a highly offensive and provocative act. Even poking someone in the chest or patting them on the head could be considered provocative, depending on the situation.

Penalties for Non-Violent Physical Contact

While there are situations that can lead to more serious charges, many non-violent assault cases result in Class C misdemeanor charges under Texas law. The penalty for a Class C misdemeanor is a fine of up to $500.

Even if the money isn’t an issue for you, it’s important to understand the importance of avoiding a criminal conviction. An assault record, no matter how minor, can cause you lots of headaches over time.

Contact an Experienced Texas Assault Attorney

At Lee & Wood, GP, we defend clients facing a wide range of charges, including assault. If you need help navigating the criminal justice system, contact us online or call us at 817-678-6771 today. We defend clients charged with assault in Cleburne, Weatherford, Burleson, Granbury, and many other cities in the Fort Worth area.

How Texas Open Container Laws Affect Your DWI Case

DWI

Many people know that having an open alcohol container in a vehicle is a crime. However, not many people know that it can also play a role in a driving while intoxicated (DWI) case.

Often, our clients defending against a DWI charge are surprised to see the open container being noted. But we’ve seen how open container laws can make your DWI charges more severe. It’s important to address these charges with a strong criminal defense.

What Are Texas Open Container Laws?

Knowingly possessing an open container in the passenger area of a motor vehicle operating on a public highway is a Class C misdemeanor. The open container can be anything that holds an alcoholic beverage, including a can, bottle or personal to-go cup.

The amount of alcohol in the container doesn’t matter; any alcohol is enough to result in charges.

While there are some exceptions, such as riding in a limo or having open containers in the living area of a motor home, open containers in a motor vehicle can generally lead to criminal convictions.

How Does an Open Container Affect Your DWI Charge?

You can be charged with a DWI if you operate a motor vehicle in a public place while intoxicated or with a blood alcohol content at or above 0.08%. Drunk driving in Texas can be classified as a misdemeanor or a felony, depending on the specific situation and prior convictions.

A first DWI offense in Texas comes with at least 72 hours in jail, a fine of up to $2,000 and license suspension for up to one year. However, many things can increase the potential penalties you’ll face for drunk driving. For example, having a gun in the vehicle can increase your sentence. So can having an open container.

There are two key differences between a DWI charge and a DWI charge involving an open container. With an open container charge:

  • Mandatory jail time is increased from 72 hours to six days. This is true regardless of whether the open container belonged to the driver or a passenger.
  • An open container charge makes you ineligible for deferred adjudication. This is vital because deferred adjudication can lead to your case getting dismissed altogether, greatly reducing the long-term impact of a DWI arrest.

What is Deferred Adjudication?

In some DWI cases, the judge offers the defendant deferred adjudication. If the defendant accepts responsibility for the crime by pleading guilty (or “no contest”), the judge postpones finding the person guilty and instead puts them on community supervision.

If the defendant completes the term of community supervision and follows all the guidelines, the case is dismissed. That means the defendant will have no criminal conviction on their record. Depending on the situation, deferred adjudication can be an excellent outcome.

Losing the chance to get deferred adjudication is a serious problem. Open container violations strictly prohibit the judge from offering you deferred adjudication.

Contact a Skilled Texas DWI Attorney Today

Whether you’re facing an open container charge or a DWI charge where an open container is at issue, you need a strong criminal defense. At Lee & Wood, GP, our attorneys have years of experience protecting people charged in Texas criminal courts. We know how to fight for you.

Call our Fort Worth offices today at 817-678-6771 or send us a message to get started on your defense.

Using Witness Testimony to Defend Against Assault Accusations

Aggravated Assault, Assault

People called to testify in an assault case can provide remarkably different accounts of the same events. They may remember the timeline differently, note hearing different noises or describe the people involved in contradictory terms.

Even the people who saw the incident (known as eyewitnesses) but who don’t know you or the other person involved in your case can provide wildly conflicting testimony.

Witness testimony is a key part of most assault cases. But it must be handled correctly in order for you to mount a proper defense. Let’s take a closer look.

Requirements for Witness Testimony

In Texas, witness testimony is governed by the Texas Rules of Evidence. Two basic elements must be true for a Texas court to allow witness testimony:

  • The witness must be deemed competent to testify.
  • The witness must have personal knowledge of the subject they are testifying about.

Let’s look at each of these in more detail.

Competency

Competence is assumed for most people, but there are exceptions. Young children may be excluded from testifying on competency grounds. Likewise, someone found to be insane can be deemed unfit to testify and be excluded. But in most cases, competence is not an issue when it comes to witness testimony.

Personal Knowledge

The issue of personal knowledge is largely about excluding hearsay. If you told your friend about the incident after the fact, for example, they couldn’t testify about the incident. They could relay what you told them, but if they didn’t see the incident, they can’t testify as though they have personal knowledge of it.

Personal knowledge extends beyond knowledge of a specific assault incident. Expert witness testimony is offered about things like injuries suffered and evidence gathered at the scene.

Experts—typically professionals in fields like forensics, toxicology, ballistics or psychology—have personal knowledge of those elements, even though they didn’t witness the actual assault. What matters is only that they are qualified to speak about the subject of their testimony.

Using Favorable Witness Testimony to Your Advantage

Your defense should make use of witness testimony wherever possible. Supporting testimony may come from neutral bystanders, law enforcement officers or people you know who were present at the incident. Your testimony will also likely be vital to your defense.

It’s important to understand that even testimony that doesn’t sound positive can still be used to your advantage. For example, two or more eyewitnesses may differ in their accounts of the same event. This inconsistent testimony can cast doubt on what actually happened. Anything that conflicts with the prosecution’s version of events can be beneficial.

Defending Against Unfavorable Witness Testimony

The prosecution's testimony can be attacked in several ways. Many assault cases come down to one person’s word versus another’s. This is particularly true in sexual assault cases.

Your account and the alleged victim’s account are likely quite different. Or maybe they took back their accusation, but the prosecution is moving forward anyway. Any evidence that supports your account over the prosecution’s is vital to getting a good result.

Contact an Experienced Texas Defense Attorney

At Lee & Wood, GP, our attorneys have extensive experience in Texas assault cases. We can build a defense strategy that accounts for all the evidence involved, including witness testimony. If you’ve been arrested or charged with assault, contact our offices or call us at 817-678-6771 to get started on your defense.

5 Medical Conditions That Can Skew DWI Test Results in Texas

Criminal Defense, Defense attorney, Defenses, DWI

If you’ve been charged with driving while intoxicated (DWI) in Texas, you may assume the evidence against you is straightforward. However, DWI cases are often more complex than they appear to be.

Many people are surprised to learn that certain medical conditions can affect field sobriety tests, breath tests and even blood test results. Understanding these issues is critical to protecting your rights.

Speaking of rights: Did you know you have the right to refuse a field sobriety test in Texas? Many people don’t. But don’t worry; even if you took the test, we know that medical conditions could affect the results and should be figured into your defense.

Here are five conditions that could affect your results in a field sobriety test.

1. Diabetes and Ketoacidosis

Diabetes, particularly when blood sugar is poorly controlled, can significantly interfere with breath alcohol testing. Diabetics may experience ketoacidosis, a condition that causes the body to produce acetone. Breath testing devices can mistake acetone for alcohol, leading to falsely elevated breath test readings.

Additionally, symptoms of low blood sugar, such as confusion, slurred speech, dizziness and unsteady balance, are often indistinguishable from signs of intoxication. A police officer may interpret a medical emergency as impairment.

2. Acid Reflux and GERD

People with gastroesophageal reflux disease (GERD) or chronic acid reflux are at higher risk for inaccurate breath test results. These conditions can cause alcohol vapors from the stomach to rise into the mouth and throat. When this happens, a breathalyzer may measure mouth alcohol instead of deep lung air, artificially inflating BAC results.

Texas DWI breath tests assume the alcohol measured comes from the lungs, not the stomach. A diagnosis of GERD can undermine that assumption.

3. Neurological and Balance Disorders

Field sobriety tests rely heavily on balance, coordination and eye movement. Medical conditions like these can make these tests unreliable:

  • Vertigo
  • Inner ear disorders
  • Traumatic brain injuries
  • Multiple sclerosis
  • Parkinson’s disease

For example, the walk‑and‑turn and one‑leg stand tests assume a person has normal balance and mobility. Someone with a neurological condition may fail these tests even when they’re completely sober.

4. Eye Conditions and Nystagmus

One of the most common field sobriety tests is the Horizontal Gaze Nystagmus (HGN) test, which looks for involuntary eye jerking. While alcohol can cause nystagmus, so can eye disorders, head injuries, certain medications and neurological conditions.

When officers fail to rule out medical causes, HGN results may be misleading and improperly relied upon in court.

5. Prescription Medications

Many legally prescribed medications can mimic or exaggerate signs of intoxication. Medications that can cause drowsiness, slowed reaction time or coordination issues include:

  • Sleep aids
  • Anti‑anxiety medications
  • Painkillers
  • Muscle relaxants
  • Antidepressants

Importantly, you can be charged with a DWI in Texas based on impairment from substances other than alcohol. Thus, a strong defense would not say that medication causes impairment; instead, it would highlight how medication could lead to an incorrect perception of impairment.

Why This Matters in a Texas DWI Case

DWI prosecutions often depend on assumptions. It’s assumed that test results are accurate and that certain observed behavior equals intoxication. Medical conditions challenge those assumptions.

When properly investigated, these challenges can raise reasonable doubt about the reliability of the state’s evidence. An experienced Texas DWI defense attorney can obtain medical records, consult experts and expose flaws in testing procedures.

If you have a condition that may have affected your DWI test, it could play a critical role in your defense. You’re not required to accept faulty science or misunderstood symptoms. The right legal DWI defense strategy can make all the difference.

Contact the Texas DWI Attorneys at Lee & Wood, GP

A drunk driving conviction carries stiff consequences in Texas. You need a strong defense. Contact our experienced team by calling 817-678-6771 or by filling out our contact form.

Can You Fight a Texas Assault Charge When There is Video Evidence Against You?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Evidence

If you have been charged with assault in Texas, video footage may be part of the case against you. Surveillance cameras, cell phone cameras, dash cams and doorbell systems are common, and prosecutors often rely heavily on recordings when building an assault case.

Seeing video evidence can be unsettling, but it’s important to understand that video alone does not determine guilt. From a criminal defense perspective, video evidence must be carefully analyzed, challenged and placed in proper context.

Why Prosecutors Emphasize Video Evidence

Prosecutors often treat video recordings as compelling evidence because they appear straightforward and objective. Since our brains are used to filling in missing information, a video can feel like the final word, even when it’s missing substantial context.

Remember, what a video shows and what it leaves out can be equally important.

The Limits of Video in Assault Cases

No video tells the full story. Here are the most common limitations of video we see in Texas assault cases:

  • Lack of context. Many recordings begin after tensions have already escalated. They may not show verbal threats, prior aggression or actions that justify self‑defense.
  • Distortion or confusion due to poor angles, missing audio, low resolution or obstructed views.

In Texas assault cases, intent matters. Whether contact was accidental, defensive or provoked can change the entire legal analysis. A video may capture the moment force was used but fail to show why it was necessary or reasonable under the circumstances.

How Video Evidence Is Challenged

An experienced criminal defense attorney doesn’t simply accept video evidence at face value. Instead, the footage is examined closely for gaps, inconsistencies and misleading assumptions. It’s important to question:

  • When the recording started and stopped
  • Whether the video has been edited or selectively preserved
  • What occurred immediately before and after the recorded segment
  • Whether the footage contradicts witness statements or police reports

An important note: Under Texas law, video evidence must be authenticated and shown to be unaltered to be admissible in court. Anything suggesting tampering or inauthenticity will be hugely important to your defense.

When Video Helps the Defense

Video recordings can be powerful tools for the defense, too. When properly reviewed and presented, video evidence can help restore context and credibility.

Video can help you defend against an assault charge when:

  • It shows that you acted appropriately: It may show that you acted in self‑defense, attempted to disengage or were responding to an immediate threat.
  • It’s inconsistent with the charges: Footage can demonstrate that alleged injuries are inconsistent with claims being made or that the incident was less severe than reported.
  • You haven’t spoken about it: If video footage exists, it’s critical not to comment on it publicly or attempt to explain it on your own. Statements to police, to prosecutors or on social media can be taken out of context and used against you.

An Experienced Assault Defense Attorney Can Help You

Being charged with assault is serious. Whatever a recording shows, it’s only one piece of evidence. It’s not the final word. With a strong criminal defense strategy, video footage can be challenged, clarified and, in some cases, turned into a powerful defense tool.

If you’re facing assault charges in Texas, find a lawyer who understands how video evidence is evaluated. At Lee & Wood, GP, we can address video evidence and place it in context with your defense strategy. Call us at 817-678-6771 or send us a message to get started.

What Constitutes a Child Passenger Under Texas DWI Laws?

Criminal Attorney, Criminal Defense, Defense attorney, DWI, DWI With Minor

It can start out so innocently. Maybe you’re at a family barbecue or holiday celebration and have a couple of drinks before taking the family home. Or maybe you have a work lunch and enjoy a cocktail or two before picking up your kid from school. But then you get pulled over.

Every Texas DWI case is serious. But if you are charged with driving under the influence while a child is in the vehicle, the stakes are even higher.

Many people are surprised to learn that Texas law treats DWI offenses involving child passengers differently than other DWI charges. Understanding who qualifies as a “child passenger” under Texas law is a critical first step in understanding the charge you may be facing.

The Legal Definition of a Child Passenger in Texas

Under Texas law, a child passenger is defined as a person younger than 15 years of age.

Let’s say a driver is alleged to have been intoxicated while operating a motor vehicle with a child under 15 in the car. The offense may be charged as Driving While Intoxicated with a Child Passenger—a separate and distinct criminal offense from a standard DWI.

Importantly, the law does not require that the child be harmed, injured or even aware of the driver’s intoxication. The mere presence of a child under 15 in the vehicle at the time of the alleged offense is enough to trigger the enhanced charge.

How This Charge Differs From a Standard DWI

Many first‑time DWI incidents in Texas are charged as misdemeanors. A person found guilty may be eligible for certain diversion programs or probation options that can lessen the impact of a conviction. However, DWI with a child passenger is automatically charged as a felony, regardless of the driver’s previous criminal history.

This means that even someone with no prior arrests faces life-altering consequences if a child passenger is involved. A felony conviction can carry long‑term consequences beyond jail or probation, including damage to employment prospects, professional licenses and parental rights.

Does the Child Have to Be the Driver’s Child?

No. Texas law does not require the child passenger to be related to the driver. The child could be a relative, a friend’s child or any other minor under the age of 15 who was in the vehicle at the time of the alleged offense.

Additionally, the child’s seating position in the vehicle does not matter. Whether the child was in the front seat, back seat or third row is legally irrelevant to whether the charge applies.

The Importance of a Strong Defense

If you are accused of any crime, you need to recognize the value of a strong defense. Even misdemeanor drinking and driving charges call for an experienced Texas defense lawyer. Felony cases, however, make it that much more important to protect your rights.

Contact Our Texas DWI Defense Team Today

Prosecutors pursue felony cases aggressively. But in every case, the State must prove every element of the charge beyond a reasonable doubt. An experienced attorney can sort through all the facts, evidence and elements of the case to find the best strategy to protect you.

At Lee & Wood, GP, we have handled countless DWI cases in Texas courts. We can defend your rights in and out of the courtroom. Call us today at 817-678-6771 or contact us to schedule a consultation.

What Physical Evidence Is Used To Prove Assault in Texas Criminal Cases?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Evidence

If you’re facing an assault charge in Texas, one of the most important things to understand is how prosecutors will attempt to prove their case against you. An assault charge does not automatically mean a conviction. The State must present evidence that supports each element of the charge beyond a reasonable doubt.

Knowing the types of evidence commonly used in Texas assault cases can help you understand what you are up against and why experienced legal representation matters. One type of evidence, physical evidence, can be particularly useful in convincing a judge or jury.

Physical vs. Testimonial Evidence

Popular courtroom dramas often focus heavily on certain types of evidence. Courtroom testimony from the victim, the accused or others makes for good television. However, it’s not actually the most reliable form of evidence.

Physical evidence can carry far more weight than testimonial evidence when it comes to a criminal trial for assault or similar crimes. Personal testimony can be false, misleading or inaccurate. Two people describing the exact same incident can produce wildly different accounts.

Physical evidence is more straightforward, making it harder to dispute. This can work for or against you. For example, if your partner tries to drop a domestic abuse case, the prosecutor may decide to proceed based on physical evidence. Conversely, false or exaggerated accusations may be dropped due to a lack of physical evidence.

Examples of Physical Evidence

Generally speaking, physical evidence refers to tangible objects that tell the story of an incident. Some evidence, such as use of a weapon or the severity of bodily harm, may also be relevant to whether you’re charged with a misdemeanor or a felony.

Examples of physical evidence can include:

  • Weapons allegedly used in the incident
  • Clothing worn by an accuser or the accused during the incident
  • Objects used or damaged as part of the alleged crime
  • Injuries, such as cuts and bruises, broken bones and other bodily harm
  • Places where the alleged assault occurred, like an apartment, stairwell or bar. As these can’t be brought into a courtroom, that type of evidence is often introduced through photographs.

This list is not exhaustive, and there are many other possible examples of physical evidence that can be introduced in a case.

Is Forensic Evidence Considered Physical Evidence?

Many forms of forensic evidence are physical, but not all. DNA, fingerprints, hair follicles and ballistic information are all physical forms of forensic evidence.

However, forensics also includes some items that are not considered physical evidence. One example is digital information, like text messages or cell phone tower location data.

The Treatment of Physical Evidence

A vital issue is how physical evidence is collected, maintained and analyzed. If evidence is mishandled or misplaced, it may no longer be admissible in a criminal proceeding.

Chain of custody rules must be followed to uphold the rights of an accused person. If they were not followed, it means the evidence could have been tampered with, broken or exposed to contamination.

Choose an Experienced Texas Criminal Defense Attorney

Evidentiary issues play a huge part in Texas assault cases. An experienced assault defense attorney should be able to review all the evidence in your case and make sure that it is relevant and that the chain of custody was followed. They’ll also make sure that your rights were not violated, either by the collection of evidence or by its use.

For strong, experienced assault defense in Texas, choose Lee & Wood, GP. Call us at 817-678-6771 or send us a message to get started.

7 Potential Legal Defenses Against DWI Charges in Texas

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, DWI

Facing a DWI charge in Texas can be frightening, especially if it’s your first encounter with the criminal justice system. In some instances, confusion and fear can take over, causing you to make mistakes. The good news is that a DWI arrest doesn’t automatically mean a conviction.

Texas law provides several avenues for challenging DWI charges. Understanding these potential defenses is a powerful first step. Below are some of the most common and effective legal defenses that may apply to DWI cases in Texas.

1. Lack of Reasonable Suspicion for the Traffic Stop

Virtually every DWI case begins with a traffic stop. Texas law requires officers to have reasonable suspicion before pulling someone over. This means they must be able to articulate a specific reason, such as speeding, swerving or a broken taillight, that caused them to pull you over.

If the officer lacked a valid reason, the entire stop may be deemed unconstitutional. When that happens, evidence gathered afterward, including field sobriety tests and breath tests, may be thrown out.

2. No Probable Cause for Arrest

Even if the stop itself was lawful, officers must have probable cause to make an arrest. Signs like bloodshot eyes, not answering questions, the smell of alcohol or “nervousness” aren’t always indicators of intoxication. Video footage, witness statements or inconsistencies in the officer’s report may expose a lack of credible evidence to justify the arrest.

3. Flaws in Field Sobriety Tests

Standard field sobriety tests, like the walk-and-turn or the one-leg stand, are notoriously subjective. Factors like fatigue, medical conditions, uneven pavement, poor lighting or even distracting traffic can impact performance. If these tests weren’t administered correctly or under proper conditions, the results can be challenged.

4. Breath Test Inaccuracies

Breathalyzer machines must be maintained, calibrated and operated according to strict Texas Department of Public Safety guidelines. When they aren’t, results can be unreliable. Additionally, medical conditions such as acid reflux, dietary habits or even certain medications can artificially inflate breath-alcohol readings.

5. Problems With Blood Test Procedures

Blood tests, while often seen as more accurate than other tests, are far from infallible. Chain-of-custody errors, contamination, improper storage or lab technician mistakes can all compromise results. Texas labs have faced scrutiny in the past for procedural failures. Any irregularity may open the door to a strong defense.

6. Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible for a person’s BAC to rise between the time of the traffic stop and the administration of the test. Depending on the circumstances of your arrest and subsequent testing, your blood alcohol content at the time of driving may have been below the legal limit.

7. Violations of Your Constitutional Rights

If officers fail to follow proper procedure, such as neglecting to read you your Miranda rights or conducting an unlawful search, your constitutional protections may have been violated. These violations can lead to key evidence being suppressed, significantly weakening the prosecution’s case. These rights are important in every criminal case.

A Defense Attorney Knows When To Use These Defenses and More

A strong defense in drunk driving cases should not be left to chance, considering how serious the consequences are. There are countless ways to approach DWI defense, if you know what to look for.

At Lee & Wood, GP, our drunk driving defense attorneys have handled countless criminal cases across Texas. Call us at 817-678-6771 or send us a message.