In a recent hearing in Montgomery County Court at Law Number Four, Judge Mary Ann Turner had the courage to properly rule on Trooper Phipps' inconsistent testimony given in a Motion to Suppress.

In her own language, she stated in her findings of fact and conclusions of law, "To the extent that Trooper Phipps never could have seen the defendant's vehicle moving without a blinker without the initiation of the video as the distance of his vantage point was too far to accurately see the defendant's vehicle, Trooper Phipps was not a credible and reliable witness."

Judge Turner made a tough call and made the right call. A witness is supposed to be providing the court and jury with facts. They should not be advocating a position. Too often, law enforcement officers think their job is to convict, convict, convict. They say or do anything, trying to get that conviction. Prosecutors go along with it, because convictions help their career too. But it does not mean that you have to accept it or have a conviction on your record because of it.

Thankfully, we have some very good judge's, like Judge Turner, in Montgomery County, Texas. They know the law and are not afraid to pour out the prosecution, if the law does not support their position. Judge Turner made a decision that Trooper Phipps was not credible and she dismissed the case because of it. It was absolutely the right thing to do. How can you let a conviction occur when the arresting officer is not telling the truth?

She followed the law. Too bad we won't see any type of perjury charge against the trooper for lying while under oath! I won't hold my breath waiting for that. Trooper Phipps is a very prolific law enforcement officer that routinely arrests citizens for DWI based on some sort of traffic violation.

If you have been wrongfully accused by Trooper Troy Phipps or any other law enforcement officer, you do not have to accept a false conviction. You can fight back and get the charges dropped. But you need a top notch lawyer to do it.

Exposing false police officers is what we do. Call us if we can help you.

Have you read the one about the breath test supervisor that was forging her tests?

Sadly, this is not a joke. DPS internal investigations turned up disturbing information that one of its breath test supervisors was not actually performing the testing and changing solutions as she was supposed to have done. DPS claims that only breath tests taken this year have been affected but when the investigation is over I am going to be very interested to see how far back this goes.

It's typical in a DWI case to request the maintenance records on the machine to determine if it was working. And based on the reports from my trials over the past 17 years, this is the most miraculous piece of equipment in the world. It always works. It's always accurate and it never makes a mistake. It's the miracle machine! But everyone knows better.

With a wink and a nod to less than the truth, DPS technical supervisors and their third party contractors, routinely take the stand and commit perjury, but it's acceptable because they are doing it for a good cause - to get a conviction. And yes, judges participate in this lie called "Police Science" because to do otherwise means that you have to actually rule out evidence that may lead to an accused person going free.

But if the police and their third party contractors are manipulating the machine used to test accused citizens, doesn't that mean that they are wrongfully accused? And shouldn't someone who's wrongfully accused have recourse and the right to not be convicted on false evidence?

But fear not, because the DA's office in Houston will ensure that no innocent person's liberties are harmed by this falsified evidence. After all, the Harris County DA's office has such an exemplary history of protecting the civil rights of accused citizens. Just look at their track record!

The fact that the DA's office is trying to make cases with tainted evidence would lead you to the logical conclusion that they are not concerned with anyone rights. What prosecutor would move forward with an accusation based on knowingly tainted evidence?

The answer - every one of them if they thought they wouldn't get caught and they thought they could get a conviction.

Call us if you have been arrested and accused for driving while intoxicated, boating while intoxicated or flying while intoxicated. We can help you fight this false charge and expose the lie that is "police science".

Read the story here http://abclocal.go.com/ktrk/story?section=news/local&id=6468929

Former Trooper Damien Cauley was officially indicted on charges of Theft. His indictment alleges that he would agree to release individuals or not write a traffic citation in exchange for money. In other words, he was shaking down accused citizens for money. In a rare move for the current Montgomery County, Texas DA's Office, Mr. Cauley was indicted, arrested and charged with this crime.

As with any accused citizen, one cannot assume that because charges are filed, that this means Mr. Cauley "did" anything. He is completely innocent until proven guilty. As are those people he arrested on suspicion of DWI.

Mr. Cauley was arraigned on Friday, October 3, 2008 in the 410th Judicial District Court of Montgomery County.

Currently, Mr. Cauley remains free on bond, while his case proceeds through the criminal justice system.

On October 1, 2008, Judge Keith Stewart was sworn in as the new and first judge of Montgomery County Court at Law Number Five. Keith is a former defense attorney and has experience trying DWI's. In fact, approximately 2 weeks before taking the bench, he successfully defended an accused citizen on DWI charges. Judge Stewart is the first sitting Judge in the last several years that actually has experience trying the types of cases he will be called upon to judge.

DWI Lawyer's are anticipating that he will bring a fresh, new perspective into the county. Thus far he has presided over several day-to-day dockets and on Friday, October 3, 2008, he was sitting on the bench for the jail docket at the Montgomery County Jail.

It's going to be interesting to see how Judge Stewart rules when called upon to decide issues such as "police science" versus real science. It's been a little over a year since Montgomery County instituted its mandatory blood draws for DWI's during holidays and special weekends. This policy has been problematic due to the fact that the lab reports take anywhere from 4 - 12 months for the results to come back. That means that an accused citizen must wait that long until they can actively begin their defense.

Unfortunately, by that time, the only evidence left to preserve is the evidence tending to prove guilt.

I continue to file speedy trial motions in these cases and have managed to get dismissals on these in the past when the lab work took too long to be done.

With a new judge on the bench, familiar with the problems associated with police science, it's going to be very intriguing to see how the prosecutor's office is going to deal with this constitutional violation of an accused citizen's right.