Criminal Defense Case Results in Comal, TX

Charge

DWI - Second Offense

Location

Comal County, CC3

Allegations

After a traffic stop for an alleged red light violation, officers noted poor performance on field sobriety tests and administered a breath test that required multiple tries before producing an unusually high reading. We scrutinized the breath testing process, emphasizing the repeated attempts and the mismatch with the client’s limited alcohol admission. We also presented strong mitigation: completed DWI education, a victim impact panel, substance abuse treatment, regular AA, and supportive letters. Using these points in negotiations, we secured a reduction to a lesser misdemeanor with straight probation.

Charge

Theft - Class A or B Misdemeanor

Location

Comal County, CC3

Allegations

Police filed a misdemeanor theft case after a store incident captured on surveillance. Loss prevention tied our client’s name to the suspect, but the video showed a different build, hairstyle, and clothing, and the vehicle in the report did not match our client’s car. We obtained discovery, pulled still frames, and compared them to the client’s driver’s license and current photos. We met with the prosecutor and pressed the misidentification, highlighting the unreliable identification and lack of corroboration. Faced with those problems, the state dismissed the case.

Charge

Open Container of Alcohol

Location

Comal County, New Braunfels Municipal Court

Allegations

During a contact near a public waterway, our client was cited for an open container violation after officers saw empty cans collected with a group's belongings. The police report showed the officer directed everyone to pick up litter, and the only container mentioned was associated with someone else. We obtained the citation and report, pointing out there was no observation of the client actually possessing alcohol. We challenged the sufficiency of the evidence and pressed the prosecution on the possession element. The case was dismissed.

Charge

Minor in Possession of Alcohol

Location

Comal County, New Braunfels Municipal Court

Allegations

Officers contacted a small group near a waterway and cited our client for minor in possession after noticing empty alcohol containers nearby. Police reports and available information showed the client never held alcohol, a companion had the only can in hand, and other empties were in someone else’s bag. Officers also had the group pick up cans from the area, further blurring who possessed what. We challenged the state’s ability to prove actual possession and the lack of any tie to our client. The prosecution dismissed the case.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 2

Allegations

Police stopped our client after an evening out, citing a wide turn, travel on the shoulder, and a lingering turn signal. Field sobriety tests were given, but none were recorded because the camera was never activated. The client refused breath testing, and a warrant blood draw later reported a high result. We scrutinized the video, reports, and lab records, challenging the shaky basis for the stop, the missing FST evidence, and issues surrounding the blood draw. Faced with these problems, the state reduced the charges and offered deferred probation, avoiding a conviction.

Charge

Felony Motion to Revoke Probation

Location

Comal County, 207th DC

Allegations

After a long dormant case was revived, the state filed a felony motion to revoke probation and pushed for prison. We documented that our client had been actively reporting to supervision in another county, completed months of court-ordered treatment and testing, and served local jail time, then remained compliant. We gathered probation records, letters of support, and proof of paid fees, and arranged key witnesses to testify, including by Zoom. We challenged the state's diligence and highlighted missing lab results. At the contested hearing, the court found the allegations not true and denied revocation, resulting in a not guilty verdict.

Charge

Unlawful Carrying of a Weapon

Location

Comal County, None

Allegations

During a traffic stop, officers arrested our client and seized a handgun from the vehicle, leading to a UCW charge. We obtained the reports and video and found key problems: the officer who initiated the stop differed from the one who issued the citations, parts of the encounter were not recorded, and the basis for the search and seizure was thin. We pressed those issues with the prosecutor and prepared to litigate suppression. After multiple rounds of negotiation and disclosure requests, the state dismissed the UCW. The client walked away without a weapons conviction.

Charge

Boating While Intoxicated

Location

Comal County, County Court at Law 2

Allegations

Water patrol contacted our client at a launch area after a family call. He acknowledged a few beers spread over many hours. Officers ran field tests on a sloped surface while he lacked his prescription glasses and had prior knee and head injuries. He provided a blood sample that showed 0.00 alcohol, and the state later pointed to a lab screen suggesting cocaine. We reviewed video and discovery, challenged the impairment evidence, noted no drug-recognition evaluation and no unsafe operation, and rejected a reduction. Facing trial, the state dismissed the case.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 3

Allegations

Our client was stopped late at night after an officer claimed erratic driving and was arrested for a first offense DWI with a breath test reported over .15. The client had just finished drinking, performed roadside tests in platform shoes, and also reported poor vision. We obtained the videos and reports, challenged the vague basis for the stop, dissected the instructions and scoring on the field tests, and scrutinized the timing and procedures behind the breath test. The pressure worked, and the prosecution reduced the charge.

Charge

Minor in Possession of Alcohol

Location

Comal County, JP4

Allegations

After a traffic stop for speeding following a day at the river, the client was cited for an underage alcohol offense rather than arrested. A sober driver was arranged and no chemical tests were taken. We entered the case quickly, verified the court’s requirement for a personal appearance, reviewed the citation and docket, and obtained a reset to create room to negotiate. We emphasized evidentiary gaps between consumption and possession and pressed for a nonconviction resolution. The matter concluded with deferred probation, keeping a conviction off the client’s record.

Charge

DWI - First Offense

Location

Comal County, County Court

Allegations

The client was stopped for expired registration. The officer claimed to smell alcohol and marijuana, noted an open container, and had the client perform repeated field sobriety tests while a trainee observed. The client had vomited earlier from food, reported longstanding balance issues from past concussions, refused breath testing, and a blood draw followed. We scrutinized the stop and the manner the tests were administered, and questioned the reliability of any impairment indicators under those conditions. After we pressed these problems with the prosecution and prepared to litigate, the state dismissed the case.

Charge

DWI - First Offense

Location

Comal County, County Court at Law 3

Allegations

The case began with a traffic stop for lane use issues. The client admitted to drinking, performed field sobriety tests, and a blood sample was taken. With video and lab results creating hurdles, we pivoted to mitigation. We secured proof of ignition interlock compliance, had the client complete the DWI education class and victim impact panel early, and obtained a written apology for the officer. We presented this package and pushed back on an initially lengthy proposal. The prosecution agreed to reduce the charge.