Articles Posted in blood draw

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Who is Erdman, and why should you care?  Erdman is a case decided by the Texas Court of Criminal Appeals nearly two decades ago and has been the law of the land in Texas for that period of time. 

The Erdman case established that police officers who have arrested a Driving While Intoxicated suspect may not provide so called ” extra statutory” information concerning the consequences of  refusal to submit to a breath test.  In plain terms,  The Erdman court explained that police are required by law to inform suspects about the legal consequences of refusal – nothing more and nothing less. 

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The jury trial is the cornerstone of our criminal justice system. It is the forum where my client’s future is often on the line. Jury trials are the method by which people accused of crimes can have their day in court and put the state to its proof. Every person accused of a crime is entitled to a jury trial where the state will be required to prove every element of the alleged crime beyond a reasonable doubt.

An important aspect of representing people in court against a criminal charge is the decision to enter a plea of guilty or to exercise one’s right to a jury trial. That decision is unique to each case and depends on many factors.

Recently, my client and I decided to try her Driving While Intoxicated case in Collin County. Because the client’s blood was drawn unlawfully it was excluded from evidence. As the trial unfolded the evidence simply did not persuade the jury and the client was found not guilty. The jurors did the right thing, consistent with their oath to follow the law, and the client was pleased with the outcome.

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