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GARY TRICHTER

1ST DWI SPECIALIST IN THE STATE OF TEXAS

Houston DWI attorney J. Gary Trichter was the 1st DWI Specialist In The State of Texas and one of only four defense lawyers in Texas who has earned the designation of “DWI Specialist”. This Board Certification comes from the National College for DUI Defense which is approved by the American Bar Association and is accredited by the Texas Board of Legal Specialization.

 

Tracy McMickle

Legal Assistant to Mr. Trichter

tracey

AWARD WINNING ATTORNEY

Gary has also been listed in Best Lawyers in America by Woodward White (in 2008, 2010, 2013, 2015, 2016, and 2017), the oldest and most respected peer-review publication in the legal profession. He is recognized as one of the most successful DWI trial and appellate lawyers in the United States and is rated “AV” by Martindale-Hubbell, Martindale-Hubbell, one of the most respected lawyer rating entities.

Gary has earned his reputation arguing groundbreaking DWI cases and co-authoring the DWI textbook Texas Drunk Driving Law. He has also published more than 46 articles on a broad range of topics from DWI, DUI, BWI, ALR to defending pilot licenses against the Federal Aviation Administration on DWI related issues. Very few Houston, TX DWI and DUI lawyers can demonstrate comparable experience.

Gary has also spoken at more than 280 legal seminars in 30 states where he has taught lawyers, judges, and prosecutors about various aspects of the law—, particularly DWI. He is licensed to practice law in Texas, Alaska, Colorado, and Wyoming.

 

EXPERIENCE & CREDENTIALS

Trichter & LeGrand DWI & Criminal Defense Law Firm

Gary Trichter has been practicing law in the state of Texas since 1980 and is Founder and Past-President of Texas DWI Lawyers (formerly Texas DWI Defense Lawyers Association). Gary has also served as president of the Texas Criminal Defense Lawyers Association (TCDLA) from June 2011 through June 2012.

He is past chairman of the DWI committees for the TCDLA  and for the National Association of Criminal Defense Lawyers (NACDL). Gary served the longest tenure on the Board of Regents for the National College for DUI Defense (NCDD) where he was Dean of the College from 2002-2003.

The NCDD awarded Gary The Erwin-Taylor Award in 2013, a national recognition for exceptional lawyers who have dedicated their lives to protecting constitutional rights of citizens and upgrading the level of professionalism for all attorneys. He has also been selected to the Texas Super Lawyers, a Thompson Reuters service, every year from 2003-2018 and is rated 10.0 Superb by Avvo.

 

AWARDS & RECOGNITIONS

  • Avvo Rated: 10.0 Superb (read peer endorsements)
  • National Trial Lawyers: Top 100 Trial Lawyers – 2018 by Legal Associations Management, Inc.
  • President, Texas DWI Lawyers, 2014
  • DUI Board Certification from NCDD/ABA and State Bar of Texas
  • President, Texas Criminal Defense Lawyers Association (TCDLA),
  • “AV” Rated by Martindale-Hubbell 2012-2017
  • Super Lawyers, a Thomson Reuters service, 2004-2018
  • The Erwin-Taylor Award, National College for DUI Defense, 2013
  • Best Lawyers in America by Woodward White Inc., 2008, 2010, 2013, 2015, 2016
  • Lead Counsel Rating in Criminal Law – State Felony & Misdemeanor, Drunk Driving Defense
  • America’s Top 100 Criminal Defense Attorneys, Americas’ Top 100, LLC, 2018
  • ABA National Essay Winner on Medicine and the Law
  • Licensed to Practice Law in Texas, Alaska, Colorado, Texas, and Wyoming

 

DEFENDING PILOTS CHARGED WITH DWI

Professional, private or commercially rated pilots charged with DWI have their livelihood on the line. Not only do they face losing their driver license, but they face losing their pilot’s license and career. Gary holds a Certified Flight Instructor (CFI), Certified Flight Instructor Instrument (CFII), & Multi Engine Instructor (MEI) instructor licenses.

He’s rated in jets, helicopters, and floatplanes. Gary’s experience as a pilot, DWI specialist and with defending general aviation pilots arrested for DWI gives him unique experience and insight few attorneys have.

Gary is a member of the National Business Aviation Association (NBAA), Aircraft Owners and Pilots Association  (AOPA), Experimental Aircraft Association (EAA), Commemorative Air Force (CAF), so he understands Federal Aviation Administration (FAA) matters. But more importantly, he knows how to defend and advise clients of their best courses of action to protect both of their licenses.

 

EDUCATION

Legal: Juris Doctorate (1980) South Texas College of Law Houston, Texas

Law School Honors and Activities

Law journal and Winner, A.B.A. National Essay Competition on Medicine and the Law (1979).

  • Guest speaker at A.B.A. National Convention for the Medicine and Law Committee (Dallas, 1979).
  • Order of the Lytae Honor Society
  • Who’s Who Among Students in American Universities and Colleges (1980).
  • President, student chapter, Association of Trial Lawyers of America (1979).

Prelegal:
Master of Arts of Criminal Justice (1977) University of South Florida Tampa, Florida Thesis: A Putative Grand Jury Witness’ Right to Assistance of Counsel.

Bachelor of Arts in Political Science and International Affairs (1973) Florida State University – Tallahassee, Florida

 

NOTABLE APPEALS

Johnson v. State, 643 S.W.2d 427 (Tex.Ct.App. [14th-Houston] 1982) affirmed 640 S.W.2d 893 (Tex.Cr.App. 1982) en banc.

Ex Parte Lilly, 656 S.W.2d 490 (Tex.Cr.App. 1983) en banc (relief granted).

Epson v. State, 743 S.W.2d 311 (Tex.Ct.App. [1st-Houston] 1987) (reversed).

Warren v. State, 744 S.W.2d 614 (Tex.Cr.App. 1988) vacated and remanded.

McCambridge v. State, 698 S.W.2d 390 (Tex.Ct.App. [1st-Houston] 01985) affirmed in part and remanded in part, 712 S.W.2d 499 (Tex.Cr.App. 1986) (en banc), 725 S.W.2d 418. (Tex.App. [1st-Houston] 1987), pdr. granted, 778 S.W.2d 70 (Tex.Cr.App. 1989), affirmed; cert. denied, ___ U.S. ___; 110 S.Ct. 1936 (1990).

Jamail v. State, 713 S.W.2d 776 (Tex.Ct.App. [14th-Houston] 1986), pdr. granted 787 S.W.2d 380 (Tex.Cr.App. 1990) (reversed and remanded to Court of Appeals).

Vasquez v. Chem Ex. Inc., 709 S.W.2d 267 (Tex.Ct.App. [14th-Houston] 1985), writ of error granted, judgment of Court of Appeals is reversed in part and judgment of trial court is affirmed, 721 S.W.2d 284 (Tex.Sup.Ct. 1986).
Pastor v. Champs Rest. Inc., 750 S.W.2d 335 (Tex.App. [14th-Houston] 1988), no writ. Muller v. State, 829 S.W.2d 805 (Tex.Cr.App. 1992) (reversed and dismissed).

Erdman v. State, 861 S.W.2d 890 (Tex.Cr.App. 1993) (reversed and remanded). Love v. State, 861 S.W. 2d 899 (Tex.Cr.App. 1993) (reversed and dismissed).

 

RELATED LEGAL EXPERIENCE

Faculty Speaker for State Bar Organizations (general listings):
Texas Criminal Defense Lawyers Association and Criminal Lawyers Defense Project, State Bar of Texas, Houston Bar Association, Harris County Criminal Defense Lawyers Association, Texas DWI Lawyers, Brazoria County Criminal Defense Lawyers Association, Dallas Criminal Defense Bar Association, Tarrant County Criminal Defense Lawyers Association, San Antonio Bar Association, Lubbock Criminal Defense Lawyers Association, Smith County Bar Association NORML (Key West, Florida, and Washington, D.C.), Advanced Criminal Law Seminars (Aspen, Colorado), National Association of Criminal Defense Lawyers, Louisiana Association of Criminal Defense Lawyers, Mexican American Bar Association, State Bar of Nevada, State Bar of Nebraska, State Bar of South Carolina, Missouri Criminal Defense Lawyers Association, Mississippi Lawyers for Criminal Justice, Georgia Institute of Continuing Legal Education, Minnesota Society for Criminal Justice, Alabama Criminal Defense Lawyers Association, Ohio Association of Criminal Defense Lawyers, Office of the Public Defender (Maricopa County, Arizona), National College for DUI Defense (Boston, Massachusetts)

 

TEXTBOOK AUTHORSHIP

Texas Drunk Driving Law

Trichter and McKinney, (Austin, Texas: West Publishers, two volumes, first through fourth editions)

Call 1-800-328-9352 for purchasing.

 

LEAD ARTICLES

Trichter, J. Gary: When Does a Driver Have to Submit to a Law Enforcement Officer’s Request to Take a Breath or Blood Test? What Every Driver Should Know, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association)Vol. 47, No. 8 (November 6, 2018)

Trichter, J. Gary and McClees, Ed: DWI Audio/Video Recordings: Expediting Production Where Charges Have Not Yet Been Filed, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 45, No. 5 (June 2016)

McShane, Justin J., JD, F-AIC; Lee, Josh D., JD; Roberts, Richard; Trichter, J. Gary, JD; PBTs for Drugs: Oral Fluid Collection Devices, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), April 2014.

Trichter, J. Gary; Thinking Outside the DWI Voir Dire Box, The Champion (Journal for the National Association of Criminal Defense Lawyers), March 2010.

Trichter, J. Gary; Thiessen, Mark; Defendant’s Motion to Protect the Fairness of Future Juries, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), November 2009.

Trichter, J. Gary; Ten Commandments of Cross-Examination, The Defender, May/June 2009

Trichter, J. Gary; McKinney, Troy; Citron, Joseph, M.D.; Neutralizing the Romberg, The Champion  (Journal for the National Association of Criminal Defense Lawyers) Vol. 36, No. 1, June 2007.

Trichter, J. Gary; McKinney, Troy; Citron, Joseph, M.D.; Officer Romberg vs. Dr. Romberg: A Field Sobriety Test Designed for Failure, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association) Vol. 36, No. 1, January/February 2007.

Trichter, J. Gary; 12 Innocent Reasons NOT to Take an Intoxilyzer Breath Test!, Voice for the Defense(Journal for the Texas Criminal Defense Lawyers Association) Vol. 33, No. 4, May 2004.

Trichter, J. Gary; The Poor Man’s P-51, Private Pilot, October 2002.

Trichter, J. Gary; Brother’s Keeper?, The National Law Journal, August 2002.

Trichter, J. Gary; Poor Man’s P-51, Warbirds, July 2002.

Trichter, J. Gary; Murphy, Doug; Administrative License Revocation Hearings: A DWI Specialist’s Primer for the General Practitioner, Texas Bar Journal  (Journal for the State Bar of Texas), July 2002.

Trichter, J. Gary; Jury Summation According to the Code of the West, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), April 2002.

Trichter, J. Gary; Engine Out, Warbirds, March 2002.

Trichter, J. Gary; Earning Honorary Naval Aviator Wings, Warbirds, February 2002. Trichter, J. Gary; Williams, Pat; Expunging DWI Arrest Records, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), February 2001.

Trichter, J. Gary; Williams, Pat; Texas DWI Prosecutions vs. Double Jeopardy Protection, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association) Vol. 29, No. 3, April 2000.

Trichter, J. Gary; Samuelson, Chris; DWI Defense Witness Preparation: How to Compete With the Testimony of Experienced Police Witnesses, The Champion  (Journal for the National Association of Criminal Defense License), January/February 2000.

Trichter, J. Gary; Where There’s Smoke, AOPA Pilot, September 1999.

Trichter, J. Gary; Samuelson, Chris; DWI Defense Witness Preparation: How to Compete With the Testimony of Experienced Police Witnesses, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), September 1999.

Trichter, J. Gary; Samuelson, Chris; Pilots, DWI, the FAA and Legal Malpractice – How to Protect Two Licenses at the Same Time: Yours and Your Client’s, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), June 1999.

Trichter, J. Gary; Samuelson, Chris; Pilots, Drunk Driving, Administrative License Suspensions, the FAA and Legal Malpractice, The Champion (Journal for the National Association of Criminal Defense License), June 1999.

Trichter, J. Gary, Hard-Learned Lessons, Private Pilot, March 1999.

Trichter, J. Gary; Trichter, Tiffany; Back to the Future in Aviation, Private Pilot, December 1997.

Trichter, J. Gary; Samuelson, Chris; A Citizen’s Guide: Knowing the DWI Laws and Your Rights, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), July/August 1998.

Trichter, J. Gary; Samuelson, Chris; Motion to Declare Section 724.061, Tex.Trans.Code Unconstitutional as Applied and to Suppress and Preclude State From Offering Breath Test Refusal Evidence Absent a Showing of a Proper Predicate, and, Alternatively, Request for Jury Instruction That the Defendant’s Refusal Cannot be Considered as Evidence of Guilt, The Champion (Journal for the National Association of Criminal Defense Lawyers), January/February 1997.

Trichter, J. Gary; Challenging Improper Statutory Breath Test Warnings, Voice for the Defense(Journal for the Texas Criminal Defense Lawyers Association), October 1996.

Trichter, J. Gary; Peña, Michael; DWI Field Sobriety Testing: A Commonsense Voir Dire and Cross-Examination to Show the Tests Are Designed to Cause Failure, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), January/February 1996

Trichter, J. Gary; Peña, Michael; 0.10 ALR Suspensions and DWI Prosecutions, Voice for the Defense  (Journal for the Texas Criminal Defense Lawyers Association), September 1995.

Trichter, J. Gary; Peña, Michael; The 10 Commandments for Detoxifying the Intoxilyzer 5000, Voice for the Defense (Journal for the Texas Criminal Defense Lawyers Association), June 1995.

Trichter, J. Gary; McKinney, Troy; Peña, Michael; Demonstrative Evidence in DUI Cases, The Champion (Journal for the National Association of Criminal Defense Lawyers), May 1995.

Trichter, J. Gary; McKinney, Troy; Peña, Michael; DWI Demonstrative Evidence: Show and Tell the Easy Way, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), April 1995.

Trichter, J. Gary; A Little Scholarship and a Little Humor – Surviving in a World With DWI, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), February 1994.

Trichter, J. Gary; DWI: What Every Client Should Know, The State Bar Journal Vol. 56, No. 3, April 1993.

Trichter, J. Gary; Highway Drug Couriers: A Nuts and Bolts Approach to Creative Defense Against Pretext and Profile Stops, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1993.

Trichter, J. Gary; Drug Couriers: Pretext and Profile Highway Stops, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association) Vol. 21, No. 4, Spring 1992

Trichter, J. Gary; Getting Back to Nuts and Bolts: Dismissals for Destruction of Exculpatory Evidence, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1992.

Trichter, J. Gary; An Outline of Question Areas in DWI Prosecutions, The Champion (Journal of the National Association of Criminal Defense Lawyers) April 1991.

Trichter, J. Gary; Twenty-Five Practice Gems in Cross-Examination of the Arresting Officer in DWI Prosecutions, The Champion (Journal of the National Association of Criminal Defense Lawyers), March 1991.

Trichter, J. Gary; What Everyone Should Know About DWI, Houston Bar J., 28, The Houston Lawyer, No. 2, September/October 1990.

Trichter, J. Gary; Representing Putative Sexual Assault Defendants Before the Grand Jury, Trial Lawyers Forum, Vol. 23, No. 2, 1989.

Trichter, J. Gary; Putting on a Defense Before the Grand Jury: Representing the Putative Defendant in a Sexual Assault Case, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), February 1989.

Trichter, J. Gary; The Civil Lawyer and DWI: What You Tell Your Client When He Calls From the Police Station, 50 Tex. Bar J., No. 10, November 1987.

Trichter, J. Gary; What Every Civil Lawyer Should Know About DWI and the Late-Night Telephone Call, Houston Bar J., 24, The Houston Lawyer No. 5, March/April 1987.

Trichter, J. Gary; Reina, Leonard, P.; A DWI Suspect’s Right to Assistance of Counsel at the Chemical Test Video Motor Skills Demonstration Request Stage – The Aftermath of Forte and McCambridge, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), October 1986.

Trichter, J. Gary; Shelsy, Marshall; Intoxilyzer Evidence: An Examination of the Constitutional Sufficiency of Law Enforcement’s Test of Convenience, Voice for the Defense (Journal of the Texas Criminal Defense Lawyers Association), December 1985 (reprinted in Texas Drunk Driving Law, January 1986).

Ackerman, John; Trichter, J. Gary; DWI: Is the “Per Se” 0.10% Solution Constitutional?, Texas Drunk Driving Law (January 1986).

Trichter, Joseph Gary; Lewis, Peter W., Informed Consent: The Three Tests and a Modest Proposal for Reality and the Patient as an Individual, 21 S. Tex. L.J. 155 (1981), cited with approval in Peterson v. Shields, 652 S.W.2d 929 (Tex. 1983).

Lewis, Peter W.; Trichter, Joseph Gary; The Nationalization of the Bill of Rights – A New Look at an Old Problem, 2 Washburn L.J. 195 (1981).

Trichter, Joseph Gary; Patterson, Joseph; Police Radar, 1980: Has the Black Box Lost Its Magic?, 11 St. Mary’s L.J. 4 (1980)

Trichter, Joseph Gary; Informed Consent: The Patient as an Individual – A Modest Proposal for a Patient Option to Canterbury v. Spence, 15 A.B.A. Forum 3 (1980).

Trichter, Joseph Gary; Lewis, Peter W.; The Grand Jury: Putative Grand Jury Witnesses and the Right to Limited Assistance of Counsel – A Historical Overview and Modest Proposal, 20 S. Tex. L.J. 81 (1979).

Monthly Columnist, 1985-1990 – Author of “DWI Practice Gems,” printed in Voice for the Defense(Journal of the Texas Criminal Defense Lawyers Association).

 

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