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State and Local Courts
U.S. Supreme Court
State and Local Agencies
State Laws and Statutes
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Private Investigators
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Field Sobriety Testing
Breath Testing
- Here's what Warren Diepraam (formerly) of
the Harris County D.A.'s Office has to say
about "No Refusal Weekends"
- The Texas Dept. of Public Safety's 10/24/08
Press Release regarding the faking of
Intoxilyzer maintenance records
Court Opinions
- Kelly v. State, 824 S.W.2d 568 (Tex.Crim.
App. 1992)(three-prong test for admissibility
of scientific evidence)
- Texas DPS v. Nielsen, 102 S.W.3d 313 (Tex.
App.--Beaumont 2003)(probable cause to
arrest must be based on the totality of the
circumstances)
- Texas DPS v. Hutcheson, 235 S.W.3d 312
(Tex.App.--Corpus Christi 2007, pet. denied)
(who is qualified to draw a blood specimen)
- New Jersey v. Chun, 943 A.2d 114 (NJ
2008)(Defendant entitled to examine source
code of breath test machine)
- Minnesota v. Underdahl, Brunner, No. A07-
2293 and A07-2428 (Minn. 2009)
(Defendant entitled to Intoxilyzer source
code upon a plausible showing that the
information would be favorable to the
defense)
- Melendez-Diaz v. United States, No. 07-591
(2009) (Defendant's confrontation rights
violated when State introduced a lab report
that was testimonial in nature by affidavit)
- Hall v. State, No. PD-1304-08 (Tex.Crim.
App. 2009)(Use of LIDAR failed to provide
probable cause to arrest as no evidence
was presented that the technology was
reasonably trustworthy)
- State v. Johnston, No. 02-08-246-CR (Tex.
App.--Fort Worth 2009)(Court upheld
suppression of blood test results because
the seizure was unreasonable based upon
the "totality of the circumstances.")
- U.S. v. Valle-Tellez, No. 2:09CR109 (N.D.
Miss, 2009)(Court held that a traffic was
unreasonably extended because officer was
operating on a hunch rather than
"particularized reasonable suspicion.)
- Lujan v. State, No. PD-0303-10 (Tex.Crim.
App. 2011)(A stop without reasonable
suspicion at a checkpoint is permissible if
the purpose of the stop is to check driver's
licenses and registration and not general
crime contol.)
- Farhat v. State, No. 02-10-00030-CR (Tex.
App.--Fort Worth 2011)(The sufficiency of a
warrant is determined entirely on the
information in the "four corners" of the
warrant.)
License Suspension Hearings
Other Resources
| Law Office of Paul B. Kennedy, Attorney at Law, PLLC 811 Heights Boulevard, Houston, Texas 77007 Tel: (713) 864-9727 Fax: (866) 587-2584 DWI Defense, Criminal Defense, Traffic Tickets, Family Law |
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Here is video of Warren Diepraam, the chief of the Vehicular Crimes Division of
the Montgomery County District Attorney's Office, attempting to defend the
department's new policy on MSNBC.
the Montgomery County District Attorney's Office, attempting to defend the
department's new policy on MSNBC.