Hiring Jeff Kennedy turned out to be one of the best decisions of my life. Mr. Kennedy was able to have my case dismissed. Yes, outright dismissal of the charge!

A.C.

We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.

Anonymous

Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.

Anonymous

Hiring Jeff Kennedy turned out to be one of the best decisions of my life.

A.C.

We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.

Anonymous

Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.

Anonymous
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Many DWI Convictions Could Be Reviewed

Many DWI Convictions Could Be Reviewed

The state of Texas is currently dealing with a real lurking problem involving pending DWI cases and overturning of countless others prior to 2013. A lab analyst was recently subpoenaed to court in a case involving charges for driving while intoxicated in Texas and the lab technician choose to invoke his Fifth Amendment right to not testify based on potential self-incrimination. The defending attorney who requested the court appearance had apparently found other evidence supplied by the same lab analyst that was directly inconsistent with the testimony they had supplied in this particular case. In the alternate testimony, the lab technician admitted to switching lab results from one case file to another, resulting in a conviction for a charged driver who proved to the court they were actually sober at the time of the arrest.

Evidence Protocol

All evidence used in a criminal prosecution is required to be handled in a strict chain of possession as a form of maintaining evidential integrity. This handling process is performed in official evidence labs and rarely does the public receive any information unless criminal defense attorneys request handling records. Sometimes the only verification that the evidence is properly handled is from direct testimony by the lab analyst. And, when the same lab tech testifies that they have mishandled property the state is using to convict a defendant in one case, it can be very problematic for the state regarding requested reviews of other prior convictions by the particular defending attorneys.

Problems with Prior Cases

Many criminal cases are handled as though the state has a right to a conviction, and the DWI laws are a prime example of why that is a problem, especially regarding sobriety testing. Field sobriety breath analyzer results are not accepted as material case evidence for probable cause in a DWI case, but the results can be used by the investigating officer as reasonable suspicion that the driver is intoxicated above the legal limit. In order to arrive at probable cause, an officer must test the suspect on a approved blood alcohol analysis machine and then send the results on to the lab. The lab workers must then ensure the integrity of the evidence, as it is the real material being used to prosecute. Any compromise in the evidence integrity due to errors in the handling protocol can immediately establish reasonable doubt and a potential motion from the defending attorneys to request a conviction reversal.

Red Flag for Criminal Defense Attorneys

When evidence problems arise in individual cases, defending attorneys must focus on the technicality issues of the evidence regarding search and seizure. But, when evidence handling protocol comes into question on a macro level, the possibility exist that each and every case is subject to re-evaluation when a particular staff analyst can be pinpointed. Every case in which they have handled evidence could come into question, which is a real Pandora’s Box for prosecutors. And now that this breakdown in evidence handling at the evaluation level is exposed, every case in which this particular analyst has provided information will be open for review for reversal. This ultimately means that many of the charged drivers who were convicted of driving while intoxicated could potentially have their convictions vacated by the state because of a lack of primary admissible material case evidence.

Anyone in Texas who has been convicted of a DWI or is facing current charges should contact their attorney requesting a re-evaluation of their particular conviction. DWI convictions can have a very negative impact on a defendant’s life well after the fact, and in many instances it is the only criminal history that many of the convicted drivers have on record. This is a serious issue for prosecutors in the Dallas area and the centralized lab where breath analysis evidence is verified, and could also impact other criminal convictions as well when the evidence used required testing that could have also been compromised during the handling protocol process. The potential number of cases impacted by this revelation could be enormous.

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Contact us today for a free strategy session on how we can help you win your case.

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Or Call 817-618-5215

CONTACT US &

GET THE DEFENSE YOU DESERVE

Contact us today for a free strategy session on how we can help you win your case.

* All Fields Required

Or Call 817-618-5215