Criminal Defense Case Results in Comal, TX

Charge

DWI with Child Passenger (Felony)

Location

Comal County, 433rd District Court

Allegations

Officers contacted the client while the car was parked with hazard lights on, engine off, and a minor passenger inside. Communication and instructions were given only in English, despite the client primarily speaking Spanish. Field sobriety tests were performed and blood was drawn by warrant, but the sample later reflected a low alcohol level. We attacked the element of operation, highlighted the language barrier undermining the tests, and noted issues with the vehicle's operability. Faced with these weaknesses, the state agreed to reduce the charge to a lesser offense.

Charge

DWI - First Offense

Location

Comal County, CC2

Allegations

Police stopped our client for a traffic signal violation and escalated to a DWI investigation. He was put through multiple rounds of field sobriety tests by several officers, declined a breath test, and a blood draw was later taken under a warrant. Reports also mentioned an open container. We pulled the videos and paperwork and attacked the length of the detention and the way the tests were administered, pressing the state on probable cause and evidentiary gaps. The state would not dismiss, but we leveraged those problems into straight probation with no jail and manageable conditions.

Charge

DWI (BAC Over .15)

Location

Comal County, County Court at Law 2

Allegations

Police encountered our client on foot, separated from a vehicle that was later associated with the incident. The officer never observed any driving and even conducted sobriety checks on another person, creating confusion about who operated the car. We dissected the reports and bystander statements and underscored the gaps in the timeline. Despite a reported breath result around .16, we focused the defense on the lack of proof of operation and the inconsistent accounts gathered at the scene. We pressed these weaknesses with the prosecutor. The state agreed to reduce the charge.

Charge

Assault - Family Violence

Location

Comal County

Allegations

Police responded to a domestic disturbance at a residence where several friends had gathered, and our client was arrested for assault after drinking and recalling little of the incident. We got involved early, obtained the emergency protective order and moved to correct it so he could access his home and pets. We gathered written statements from witnesses describing a brief argument with no clear assault, and secured a notarized statement from the complainant that she no longer lived there and did not wish to pursue charges. After we pressed the State with these issues, the case was dismissed.

Charge

Possession of Marijuana

Location

Comal County, County Clerk

Allegations

During a late-night traffic stop for speeding, an officer said he smelled marijuana and searched the vehicle, leading to a small personal-use amount being cited as a misdemeanor. Our team was retained and immediately pulled the file, focusing on whether the stop and search met constitutional standards and whether the state could actually prove knowing possession. After our review and follow up with the courthouse, the prosecution dismissed the case. We verified the dismissal was entered and the client did not have to return to court.

Charge

Tampering with Evidence

Location

Comal County, 274th DC

Allegations

After a traffic stop for a minor tag issue, the client told the officer he tossed marijuana from the car and was charged with tampering. No contraband was recovered and the report hinged on that statement. We gathered medical records documenting therapeutic use obtained soon after the incident, scrutinized the stop and the evidence gaps, and pressed those weaknesses with the prosecutor. The state agreed to reduce the case to a lesser offense, and we negotiated deferred probation.

Charge

Failure to Identify

Location

Comal County, CCL1

Allegations

Officers responded to a group disturbance. The client, not suspected of any other offense, was briefly questioned and gave a false name, then left without arrest. Months later, a warrant issued after records revealed the false name. We obtained the reports, mapped the timeline of the contact, and challenged whether an ID demand was lawfully made given the limited basis for the stop. Using those issues and mitigation, we negotiated deferred adjudication. The client avoided a conviction and can earn a dismissal by completing terms.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Stopped for a wide turn shortly after leaving a venue, the client was arrested for DWI. Officers conducted field sobriety tests while the client wore slide sandals and used a roadside breath screen, then obtained a warrant for a blood draw after the evidentiary breath test was declined. We secured and reviewed dash and body cam video, noting the reported driving was not clearly shown and the test instructions were questionable given the footwear. We raised suppression issues and submitted early mitigation. The prosecution agreed to reduce the charge.

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DWI - First Offense

Location

Comal County, County Court at Law 3

Allegations

The client was stopped for a traffic violation and arrested on suspicion of DWI after roadside testing. A breath result was reported near the legal limit. We obtained the discovery, challenged the strength of the intoxication evidence given the narrow margin, and highlighted mitigation, including the client’s prompt completion of the DWI education course and victim impact panel. We managed early settings to minimize court appearances and negotiated a reduction to a lesser offense with deferred adjudication, keeping a conviction off the record.

Charge

Assault by Threat (Class C)

Location

Comal County, New Braunfels Municipal Court

Allegations

During a crowded event, an argument between our client and a companion drew a third‑party call to police. Officers arrived after the two had already separated and cited the client for Assault by Threat, even though there was no physical contact. The allegation rested on a heated, conditional remark made in the midst of intoxication. We obtained and reviewed the bodycam and reports, underscoring the lack of evidence of imminent harm and weak corroboration. After we pressed those issues and signaled readiness for trial, the prosecutor dismissed the case.

Charge

Failure to Stop and Give Information

Location

Comal County, None

Allegations

Late at night the client clipped a parked vehicle on a dark, curvy street, panicked, and left without exchanging information. Detectives began calling, claiming video and vehicle debris tied to the car. We stepped in immediately, directed all contact through counsel, and kept the client from making statements. We examined the alleged footage and photos and pressed the state on its ability to prove who was driving, not just what car was involved. With those proof problems laid bare, the state dismissed the case.

Charge

DWI - Second Offense

Location

Comal County, CCL1

Allegations

A wrong-way turn led to a stop and a DWI arrest. The client admitted to having some drinks, performed field sobriety tests, and was taken in. He declined testing at the scene, and a warrant blood draw later came back at 0.07. We obtained the video and lab materials, emphasized the result below 0.08, and challenged the reliability of the field tests given the conditions. Using that leverage, we negotiated a reduction from a second-offense DWI to a standard DWI, avoiding the enhanced penalties.