New York Times Quotes Me
The New York Times picked up an article from the Texas Tribune that discusses the difficulties faced in defending a client charged in a "cold case." The case of State of Texas v. Dennis Davis was such a case--one that I defended last year and disussed in an earlier blog. (It was also profiled on CBSs' 48 Hours Mystery) Here's the NY Times article: http://www.nytimes.com/2012/01/15/us/piecing-together-decades-old-murder-cases-increasing-because-of-dna-evidence-is-a-challenge.html Read full post and comments about "New York Times Quotes Me"
48 Hours Mystery: Dennis Davis Case
I had the privelege of defending a client, Dennis Davis, this year in a jury trial that was covered by CBS's 48 Hours Mystery. Mr. Davis was charged with murder--a cold case that stemmed from a murder committed in Austin in 1985. Despite having a suspect who fit the description given by a witness, a description that did not match Mr. Davis, the investigation never resulted in charges being filed against that suspect. There may have been several reasons for this, but one of the main reasons, perhaps, was because that original suspect was convicted a few months later of sexual assault and ... Read more about "48 Hours Mystery: Dennis Davis Case"
Blood: Gas Chromatograph Testing
If you have been arrested for DWI and you gave a blood sample, the results of the test on that sample could be inaccurate or just plain wrong. Here are just a few of the things that could affect the accuracy of the test:1) If your arm is swabbed with a pad containing alcohol, this could skew the test results2) Storing the blood sample at room temperature for an extended period of time, meaning 5 days or so, could lead to more alcohol being created in the tube of blood3) The sample must always be returned to room temperature before testing4) The testing ... Read more about "Blood: Gas Chromatograph Testing"
Blood Sample Warrants: "No-refusal Weekends"
If you live in Austin, you have probably heard of "No-refusal" weekends or holidays. These are times when the Austin Police Department has decided to seek blood samples from every person arrested for DWI, such as New Year's Eve, Halloween and other "high party" times.In order to get a blood sample, a police officer must submit an affidavit to the on-duty magistrate and ask the magistrate to issue a warrant for taking a sample of the blood of the arrested person. Since the person is already under arrest for DWI, it is usually easy to convince the magistrate to issue the warrant, ... Read more about "Blood Sample Warrants: "No-refusal Weekends""
New Enhanced DWI Offense
The Texas Legislature has created a new enhancement for certain DWI's: if you are arrested for DWI and have a BAC (blood alcohol content) of 0.15 or greater, your case will be filed as a Class A misdemeanor, instead of the standard Class B for a DWI 1st. This means that the potential fine goes from a maximum of $2000 up to $4000, and potential jail time goes up to a year, instead of six months. Read full post and comments about "New Enhanced DWI Offense"
DWI/DUI Information
DWI/DUI arrests often start out as a minor traffic violation in the evening or early morning hours—you forgot to put on your seat belt, or you failed to signal before you changed lanes. These small violations give the officer who stopped you the opportunity to stop you and talk to you. If the officer smells alcohol on your breath, you will probably be asked to step out of the car and perform what are called “Field Sobriety Tests.” You will probably be on camera when you do these tests. Each test involves many small components, but if you do only two of these things in each test wrong, the officer will say you failed that test. Theses tests must be administered correctly to be valid.
Wade Russell is certified to administer Field Sobriety Tests, just as are the officers who perform these tests. He will review the recording of you doing the tests, and will able to tell you whether the tests were demonstrated properly to you before you started. He will also be able to tell you how well you did on the tests, aside from what the officer said in his report about how well you did. Most of the time, what the officer writes in his or her report does not match what is on the recording—you may have done much better than what is written in the report. If you come very close to performing the tests correctly, and if there are other signs that you don’t appear to be impaired, you have a good chance of having your case reduced, or in some case, dismissed.
DWI cases have many issues for your attorney to look at—did you really do something wrong while driving for the officer to legally stop you? Did you really have alcohol on your breath? Did you really fail the tests? Were the tests administered properly?
testimonials
Wade Russell is an extremely competent professional. He has great legal experience, and handles his clients' needs with care. Wade makes sure his clients' needs come first. I highly recommend Wade as an attorney.
-Les Romo Attorney, Georgetown, TX
-Matt M.
Austin, TX
ACDLA
AUSTIN CRIMINAL DEFENSELAWYERS ASSOCIATION
TCDLA
TEXAS CRIMINAL DEFENSELAWYERS ASSOCIATION
- Wade Russell is Board Certified from the Texas Board of Criminal Specialization in criminal law. He serves on the board of directors for the Austin Criminal Defense Lawyers Association and is a member of the Texas Criminal Defense Lawyers Association. Mr. Russell has over 20 years of experience in criminal law.
During that time he has helped over a thousand clients put their lives back together. His approach is one of honesty and integrity from the beginning. With his experience and pragmatic approach he works to find the best possible outcome for you. His goal is to give you honest, realistic, possible outcomes with the information provided. Wade Russell works hard to protect your rights.