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Dallas Criminal Law Blog

Drunk driving can have both criminal and civil implications

The family of a woman who died in a drunken driving accident last year in Arlington is reportedly suing the bar for serving the driver too much alcohol. The suit, filed against Cowboys Dancehall, an establishment with locations in San Antonio, Arlington and Dallas, claims that Cowboys served the man too much alcohol that he left the dancehall in an intoxicated state, and that he drove his vehicle the wrong way down Highway 287 in Grand Prairie, crashing head-on into the woman. The impact of that accident killed both parties.

According to the Texas Alcoholic Beverage Commission, the man’s blood alcohol content the night of the accident was nearly four times the legal limit of .08 percent. An investigating was conducted on Cowboys, but no criminal charges have been filed against the club or any other penalties imposed. 

Texas House passes measure to create domestic violence registry

Last Tuesday, the Texas House of Representatives debated and ultimately passed House Bill 21, which would create a domestic violence registry to provide the names, birthdates and recent photographs of offenders. If enacted, individuals who are convicted three times or more of domestic violence would be required to register as a repeat offender. The domestic violence registry will be available for free online.

The registry is similar to the current Texas Sex Offender Registration Program monitored by the Texas Department of Public Safety. The goal of the registry is to make information available to warn potential victims of family violence, and to give people the resources they need to make informed decisions and prevent abuse. 

Committee hears testimony on bill that would create defense to pot possession

Last week, the House Public Health Committee heard testimony from patients on the issue of medical marijuana. The testimony, which was reportedly quite emotional, was couched in the context of House Bill 594, sponsored by Elliot Naishtat, which would create an affirmative defense to prosecution for possession of marijuana by patients suffering from recognized illnesses and conditions.

The bill would not legalize marijuana for medicinal use, but would simply provide the most basic legal protection to those who use it medicinally. This is reportedly the fifth time Naishtat has filed the bill, but only the second time the measure has received a hearing. On May 1, the Committee heard from over two dozen witnesses who supported the measure. Many of them had similar stories of pain and suffering which was improved by using marijuana medicinally. No witnesses testified against the measure. 

Cowboys answer concerns over draft of new player with DWI record

The National Football League, as our readers may know, has been attempting to bring more care to the issue of drunk driving among players. With DWI charges coming out against NFL athletes not infrequently, it has been something of a challenge. For its part, the Dallas Cowboys have had to engage in their own bit of damage control. Cowboys officials recently met with Mothers Against Drunk Driving representatives after two alcohol related arrests.

DeVonte Holloman, formerly a South Carolina linebacker, was drafted to the Dallas Cowboys on the sixth round. His selection went forward, despite the fact that he was arrested in June 2011 on a drunken driving charge. The Cowboys reportedly did not discuss his arrest with him during the pre-draft process.

Cedar Hill doctor faces serious consequences for health care fraud charges

A Cedar Hill doctor who operates several small Texas hospitals was recently accused in a federal indictment of instructing employers to change correctly entered diagnostic codes in billings to Medicare and Medicaid programs. According to the charges, the codes were changed, deleted or incorrectly sequenced in such a way that they departed from the actual diagnoses of the patients.

The doctor allegedly obtained $375,000 in false reimbursements from the programs. The 61-year-old doctor was arrested last Tuesday. He denies all fraud charges against him. His attorney questioned the charges, saying that the doctor does not own all the hospital buildings involved in the charges, just the companies managing them. Further comments were not offered. 

Texas lab trouble throws drug convictions into question

In nearly all cases where a person is accused of a drug crime in Texas, the evidence in the case must be tested in a forensic laboratory to prove that it is actually an illegal substance. These laboratories are supposed to follow strict scientific protocol.

Laboratory safeguards are meant to ensure that every defendant receives a fair trial. Unfortunately, a new report from the Texas Forensic Science Commission reveals that the incompetence of one Houston forensic laboratory worker may have resulted in thousands of questionable convictions.

DPS makes mass number of DWI arrests

Local law enforcement officials in Texas say they have issued a massive number of citations and arrest warrants in connection with Spring Break drunk-driving violations. About 25,000 tickets were issued in total, with 1,000 arrests accomplished during this period. The 11-day span between March 8 and March 17 coincided with many collegiate and high school Spring Break celebrations throughout the state.

Authorities said that at least 200 of the DWI arrests resulted from increased efforts to stop drunk drivers. A special grant from the Texas Department of Transportation helped the officers spend more time focusing on the potential dangers of intoxicated drivers. Spring Break is one of the most dangerous times of year for drivers on all of the state's roads, not only because of intoxicated operators, but also because of increased traffic.

Sex trial progresses for local chiropractor

The sexual assault trial for a chiropractor accused of attacking several children and adults at his practice has entered its second phase. The McKinney, Texas, man is accused of assaulting two adult female patients and three children. Admitted into court this month was an interview from October 2011, in which the man provides information to police just one day before his arrest in an effort to voluntarily clear his name.

Authorities report that they interviewed the chiropractor. During that examination, the man admitted that he might have touched the women's genitals during groin adjustments, but that action would have been by accident; he vehemently denied intentionally touching the patients. He also stated on the record that he did not penetrate any of the patients; that information could play a key role in determining whether the man is found guilty of aggravated sexual assault of a child.

Commander defends decision to reject guilty verdict

A military commander who rejected a jury's verdict in a sexual assault case explained that his decision was based upon his belief that the alleged perpetrator was more believable than the victim. The man, who has come under fire because of his decision to dismiss the verdict, has been widely criticized by media and professional outlets. The decision to overturn the verdict may actually redact many permissions currently enjoyed by commanding officers, many of whom currently have the authority to overturn their subordinates' criminal convictions.

The suspect in this case was accused of sexually assaulting a woman who claimed to have stayed at his house overnight after a party. He was convicted in November on charges of sexual assault, conduct unbecoming of an officer and abusive sexual contact. He was slated to be dismissed from the service entirely after serving a year-long prison term.

Sam Hurd to plead guilty to federal charge of drug conspiracy

Former Bears and Cowboys wide receiver Sam Hurd, who was scheduled to begin trial on Monday on six federal drug charges, is reportedly preparing to plead guilty on Thursday to a newer federal drug conspiracy charge. According to one of Hurd's attorneys, the 27-year-old Hurd will plead guilty to possessing cocaine and marijuana with intent to distribute.

Hurd was originally charged with six counts based on allegations that he attempting to set up a widespread drug-dealing operation. Those drug charges were consolidated into the most recent charge of conspiracy.

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