A very eloquent article about why Texas' breath test machine is flawed can be found here. Florida uses the same model "Intoxiliar" that we use here in Texas. The difference is that our statutes have been written so that a similar type of challenge to the source code cannot be made. In effect, the Texas legislature says that we're going to make this machine scientifically valid by law, without regard to whether it actually works or not.

Courts across Texas use the machine and the results are admitted without any foundation as to the reliability or accuracy of the results. The machine has never been allowed to be tested as it is used in Texas, by outside experts or third parties. We are just supposed to accept its results without question.

The problem is that it's results have been proven to be false when tested by an expert not hired or paid by the State.

So how do you know you can trust the results of a Texas breath test?

Because the government said so!

As one expert put it, "If the State passes a statute that states the world is flat . . .does that make it true and scientifically reliable?"

Several courtrooms have relocated in and around the courthouse.

Be sure to check with the your attorney, courthouse security staff or the court for the location of the court before you go. Thus far, these are the changes that I know about.

The 359th Judicial District Court, Hon. Kathleen Hamilton presiding, is now located at 207 W. Phillips, 3rd Floor, Conroe, Texas 77301. It is just beyond the probation department and to the left as you walk out of the elevator on the third floor.

The 284th Judicial District Court, Hon. Cara Wood presiding, has moved to the old location of the 359th. This is on the second floor of the main courthouse as you wind around to the north side of the building through the extended hallway. It is directly across from the glass courtroom that is the ancillary courtroom for the 221st District Court.

The new court, the 418th Judicial District Court is being moved on a daily basis as of the time of this writing. You must check with the courthouse security staff to determine the current location for the day.

County Court 5, Hon. Keith Stewart presiding, will be located at 207 W. Phillips, 3rd Floor, Conroe, Texas, 77301. Turn right upon exiting the elevators and another right at the hallway, leading to the west side of the building and you will the doorway in the first hallway to your left.

These locations, other than the 359th District Court may not be permanent so you should check with the security personnel at the courthouse to verify the location of the court in which you must appear.

It is a brand new year and some of us hope a brand new era in Montgomery County, Texas.

Mr. Brett Ligon was sworn in as the new District Attorney in Montgomery County. Mr. Ligon has promised to bring a breath of fresh air and some professionalism to a prosecution office that was long overdue.

Please check out the story in the Conroe Courier.

Will the days of prosecutors hiding evidence finally be over?

Will cases set for trial, be ready for trial?

Will the citizens of Montgomery County be allowed to have a fair trial?

Let's hope that Mr. Ligon's sense of constitutionality and justice will prevail to lead to better training and fair prosecutions for those citizens accused in Montgomery County. As a supporter of Mr. Ligon during his campaign, I know him to be fair and just.

Prosecuting those citizens accused of driving while intoxicated is very high on his list of important areas in need of correction. No longer will accused citizens be able to hire just any lawyer to represent them. When the prosecution ups its game, it's more important than ever to hire the best attorney for that type of case.

Happy New Year to everyone and stay safe in 2009!