Criminal Defense Case Results in Montgomery, TX

Charge

DWI (BAC Over .15)

Location

Montgomery County, CCL4

Allegations

Police contacted the client at home after a 911 tip, with no traffic stop or firsthand view of driving. Field tests were done in a parking area, a portable breath test read high, no blood was drawn, and contact came well after the drive. We attacked the lack of any eyewitness behind the wheel, the delay before contact, and whether the breath request was truly voluntary, and demanded calibration records. We also set the license hearing to question the officer. Faced with these issues, the state dropped the .15 enhancement, reduced the charge, and the client resolved it for time served without probation.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, CCL4

Allegations

The client was pulled over for alleged extreme speeding. Officers removed the driver, handcuffed them, and placed them in a patrol car, then searched the vehicle without asking for consent, locating a handgun in a backpack on the back seat. We secured the dash and body camera footage, which showed no consent to search, minimal questioning before detention, and jurisdictional problems with the stop itself. We built a suppression strategy around those defects and pressed the prosecution. Facing those issues, the state dismissed the unlawful carrying case.

Charge

Possession of THC (State Jail Felony)

Location

Montgomery County, 221st DC

Allegations

Officers said the client was speeding, immediately detained them, and searched the car without consent. A tiny container of THC wax was seized, but no admissions were taken and the dash video showed no radar or lidar, only pacing. We obtained the footage and reports, challenged the stop and the timing of the lights versus jurisdiction, and highlighted chain of custody and the lack of lab testing for the trace residue. With a suppression motion ready and the state facing proof problems, the prosecution dismissed the felony possession case.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

After a single vehicle crash, the client was arrested for DWI following field tests and a refusal of breath testing. Officers obtained a blood warrant, but the first draw at the jail failed and a second was taken hours later at a hospital. The on scene body camera was missing, and the report conflicted with what was said about the client’s performance on the tests. We challenged the reliability and timing of the blood evidence and highlighted gaps in the state’s proof. Facing those problems, the prosecution agreed to reduce the charge and accept a time served sentence.

Charge

DWI - Third Offense

Location

Montgomery County, 435th DC

Allegations

After a rear-end collision, the client was arrested for a third DWI. They admitted to drinking a few beers and performed roadside sobriety tests, then were taken to a hospital due to airbag deployment. No blood was drawn and no station breath test was administered. We secured discovery, scrutinized the roadside testing in light of the crash, and challenged how prior cases were being used for enhancement. Leveraging those issues, we negotiated straight probation and kept the client out of prison.

Charge

Criminal Trespass (Misdemeanor)

Location

Montgomery County, CCL5

Allegations

Police were called after a resident reported someone on an ATV in an open tract near a neighborhood. Our client had become stuck in a muddy drainage area and, when told to leave, tried but could not get the ATV out. He was detained and cited for criminal trespass along with another charge. We obtained the bodycam and 911 audio, surveyed the location, and reviewed property and plat records. With no clear fencing or signage, and video showing his attempts to depart, we challenged the elements. The prosecutor dismissed the trespass.

Charge

DWI - First Offense

Location

Montgomery County, County Court at Law #5

Allegations

The client was stopped for a front-plate issue while driving home. Officers spotted open containers, conducted field sobriety tests, and the client declined a breath test but consented to blood. We pulled the dash and body cam, compared them against the reports, and pressed on the legality of the stop, the instructions and conditions of the tests, and the handling of the blood sample. We also documented the client's proactive classes. Using that leverage, we negotiated a reduction to a lesser offense with a sentence of time served.

Charge

DWI - First Offense

Location

Montgomery County, CCL5

Allegations

Police were called after a resident reported an ATV near a retention area late at night. The client was stuck in mud when officers arrived, and after contact he declined field sobriety tests. He was transported and a blood sample was taken under a warrant. We gathered the bodycam, reports, and warrant materials, and highlighted that this was an off‑road ATV situation with no crash or injuries. After sustained negotiations with the prosecutor, we secured straight probation, keeping the client out of jail.

Charge

DWI - Second Offense

Location

Montgomery County, CCL1

Allegations

After a late-night traffic stop for an alleged failure to signal, which later shifted to an illegal lane change, our client was arrested. They declined field sobriety tests and a breath test, and a warrant blood draw later reported a result over the legal limit. We secured and reviewed dash and body cam video showing a respectful demeanor, no obvious impairment, and an officer who threatened additional charges and pressured a passenger. We attacked probable cause for the arrest, the shifting basis for the stop, and the delay before the blood draw. Faced with these issues, the state agreed to reduce the charge and resolve it with time served, avoiding probation and additional jail.

Charge

Unlawful Carrying of a Weapon

Location

Montgomery County, CCL4

Allegations

The case began after a minor traffic incident led to a DWI investigation. Officers found a handgun in a bag and added an unlawful carrying count, based solely on the claim the client was engaged in criminal activity. We obtained the reports, 911 audio, and bodycam, and highlighted weak intoxication indicators, including conflicting notes about alcohol odor and the timing of any drinking. We also emphasized there was no evidence the firearm was misused or displayed. Faced with these problems, the state dismissed the UCW.

Charge

DWI - First Offense

Location

Montgomery County, CCL4

Allegations

After a low-speed collision, police responded and began a DWI investigation. Officers documented mixed observations, with only faint or no odor of alcohol noted. The client completed roadside tests in poor conditions and later had blood drawn after a warrant was issued. We reviewed bodycam, 911 audio, and lab records, emphasizing problems with the field tests, the inadmissible portable breath reading, and the timing of consumption supporting a rising BAC. We leveraged these weaknesses to secure a reduction with time served.

Charge

Felony Motion to Revoke Probation

Location

Montgomery County, 221st DC

Allegations

The client was on deferred felony probation when a motion to revoke was filed, based on an alleged protective order violation from another county and probation test issues. We obtained records from that jurisdiction showing the protective order case would not hold and was dismissed. We also documented that a missed test occurred while the client was in custody and challenged the reliability of a diluted and alcohol positive screen. With those weaknesses laid out and a bond hearing set, we pressed the state hard. The prosecutor dismissed the motion, and the client was released.