Category Archives: Texas

Flyers added for Utah and Texas

Thanks to a reader’s efforts and help, we got motivated and added flyers for two more states.

All the flyers are on the Fair DUI Flyer page.

Utah Front

Utah Front

Utah Back

Utah Back

Fair DUI Flyer-Utah

Texas Front

Texas Front

Texas Back

Texas Back

Fair DUI Flyer-Texas

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Wealthy Teen Gets Break on DUI. Or …

The Dallas Morning News complains about a 16-year-old who caused four deaths in a DUI crash, getting probation rather than a 20-year jail sentence.

The writer, @MikeHashimoto, comes to the wrong conclusion:

Despite all the death in his wake, Ethan Couch didn’t learn a thing he didn’t already know: It’s far better to come from that wealthy place where actions seldom have those nasty old consequences. That’s for other folks.

The problem is not that the judge was lenient on this wealthy teen. The problem, rather, is how harshly our so-called justice system treats other folks. Ten years of probation, with treatment, seems a sound approach for any 16-year-old who’s had an incident like this.

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Judge Rejects Sobriety Test

A judge in the San Antonio area has announced he’s rejecting the “horizontal gaze nystagmus” test. Police use HGN following training from the federal NHTSA.

We have seen courts in other states question HGN and other sobriety tests. Fair DUI believes they are based on junk science. I personally have cross examined many officers. Few conduct the tests in a manner consistent with the training.

Nystagmus tests are preposterous. I’ve talked to doctors, including an ophthalmologist, who laugh at the idea of an officer with a few hours of training doing an eye exam.

Read more in the Express News.

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Austin TX Prosecutor Arrested for DWI

The District Attorney for Travis County, Texas, has been arrested for drunk driving and entered a plea of guilty. Travis County is better known for its main city, Austin. Ms. Lehmberg has been a prosecutor for nearly 40 years. Read more about her arrest for DWI (the term in Texas) and her quick guilty plea at the Austin Statesman.

While we would usually be harsh on a prosecutor getting a DUI, Ms. Lehmberg seems to have been relatively reasonable in her career. We couldn’t find any stories about her bragging of being tough on crime, nor of her identifying with MADD or otherwise grandstanding on the DUI issue. In some ways she has been a leader on diversion in drug cases. Diversion favors education and treatment over jail and the scarlet letter of a conviction. Since this is similar to our goals for DUI cases, we wish Ms. Lehmberg the best in this difficult time.

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