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Labor Day Weekend 2010

Tonight, Friday, September 3, 2010 begins the Labor Day Weekend festivities. The DA and Sheriff's Department's in Montgomery County are beginning their "no-refusal" weekends. Which means that if you are stopped and suspected of Driving While Intoxicated, your blood will be drawn. The county has a new blood alcohol van, in which law enforcement, judge and nurse will be riding around, supporting law enforcement in obtaining search warrants for blood.

Also, this weekend, Montgomery County will be the first and right now, the only county to begin roadblocks to check for suspected intoxicated drivers. Even though the Supreme Court has ruled this as an illegal method of detaining and searching a person, in Montgomery County Texas, it will be done for this weekend.

And all it takes is for the arresting officer to say he smells alcohol on your breath. Can that be proven later?

Of course not.

But in Texas that's all a police officer needs to say to find a reason to pull someone out of their car and request they take coordination exercises that an olympic gymnast couldn't pass. In fact, some officer's cannot pass as in my most recent trial where Deputy Thomas Thompson of the Montgomery County Sheriff's Department, failed by putting his foot down on the One Leg Stand. Now I assume Deputy Thompson was not intoxicated during his testimony, but since he was not tested before and he failed the sobriety tests, I can't be certain of that.

So this weekend, if you are stopped, for whatever reason, after dark, there is a high probability that you are going to be arrested NO MATTER WHAT!

So DO NOT give the government any evidence they can use against you.

Immediately call your attorney, Kelly W. Case at my 24 hour number of 713-882-8826. If you cannot call immediately, then DO NOT take any tests, DO NOT blow or breath into any device, assume you are being video and audio taped at all times and repeat that you want to speak to your attorney. Keep repeating that over and over and insist that you be allowed to call me.

Be safe and have a great holiday!

Montgomery County DWI Defense Attorney
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