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Bandera DWI Lawyer

J Gary Trichter now licensed to practice law in Wyoming

CHEYENNE, WY — J. Gary Trichter, founder and principle of Trichter and Murphy, P.C., a law firm focusing on DWI defense and criminal defense in Houston and in Bandera, Texas (serving the Texas Hill Country), was sworn in on Friday, February 26, 2016 by Justice William Hill of the  Wyoming Supreme Court making him a member of the Wyoming State Bar and allowing him to practice law in Wyoming.

J. Gary Trichter, founder and principal of Trichter & Murphy PC, gets sworn in by Justice William Hill of the Wyoming Supreme Court.

“This day is significant for two reasons,” Trichter said. “First, I became Wyoming’s newest attorney and, second, it’s Buffalo Bill’s birthday.”

Besides Wyoming, Trichter is licensed to practice law in Texas, Alaska and Colorado. He is also one of only four defense attorneys in Texas who has earned the designation of “DWI Specialist” which means he is Board Certified DWI/DUI by the National College for DUI Defense–the sole entity approved by the American Bar Association to grant such a qualification (the Texas Bar Association does not have a board certification in DWI Defense but it does recognize the ABA DWI Board Certification).

Gary is known as a leader and one of the most successful DWI trial and appellate lawyers in the United States, and is rated “AV” by Martindale-Hubbell, one of the most respected lawyer rating entities.

According to Mr. Trichter, the swearing in ceremony was the cap to a “perfect day” beginning with him flying an R 22 II helicopter from Denver to Cheyenne and back to get sworn in.

“The weather was beautiful and the day has been filled with blessings,” he said.

Bandera DWI Lawyer

Trichter & Murphy PC Attorneys Named to 2015 Annual Super Lawyers List

HOUSTON — Oct. 13, 2015 — Three attorneys with Trichter & Murphy PC were selected to appear on the 2015 edition of Texas Super Lawyers as leading criminal defense attorneys in Texas. Of all the attorneys in Texas, only 5 percent are chosen for the annual list.

“It is an honor that more than half of our firm has been named to the annual Super Lawyers list,” said J. Gary Trichter, founder and partner, Trichter & Murphy. “This accolade speaks volumes of the types of criminal defense attorneys we have working to protect the rights of our clients. We take the representation of our clients seriously and consider it the most important part in our American judicial system.”

The Trichter & Murphy attorneys who were listed this year include:

Gary Trichter is one of only four DWI specialist criminal defense attorneys in Texas, having been board-certified DWI/DUI by the National College for DUI Defense. Besides being listed in the annual Super Lawyers list 12 years straight since 2004, Gary has also been listed seven times in Best Lawyers, the oldest and most-respected peer-review publication in the legal profession. He is known as the most successful DWI trial and appellate lawyer in the United States, and is rated “AV” by Martindale-Hubbell. Gary has argued groundbreaking DWI cases and co-authored the DWI textbook “Texas Drunk Driving Law.” He has also spoken at more than 260 legal seminars in 30 states, where he has taught lawyers, judges and prosecutors about various aspects of the law — particularly DWI.

Doug Murphy, partner and principal of Trichter & Murphy PC, has been named to the Texas Super Lawyers list seven years straight since 2009. He is recognized as one of the foremost DWI lawyers in the country and is one of only four DWI specialists in Texas who have been board-certified DWI/DUI by the National College for DUI Defense. He was appointed regent of the NCDD in 2009 and has served as co-chair of the DWI Committee and on the board of directors with the Texas Criminal Defense Lawyers Association. Doug is board-certified in criminal law by the Texas Board of Legal Specialization and currently serves on the board of directors for the Harris County Criminal Lawyers Association.

Leslie LeGrand has been a recognized Rising Star of DWI Defense Attorneys by Super Lawyers since 2011 and is enjoying his first listing as a bona fide Super Lawyer. He is board-certified in criminal law by the Texas Board of Legal Specialization and has lectured at numerous DWI seminars. Leslie is a member of the National College for DUI Defense, the Texas Criminal Defense Lawyers Association, Texas DWI Lawyer and the Houston Criminal Lawyers Association. Before joining Trichter & Murphy PC as a Houston DWI lawyer, Leslie was assistant district attorney, felony prosecutor, Harris County.

Super Lawyers evaluates lawyers across the country for its annual list of top attorneys. Each candidate is measured against 12 indicators of peer recognition and professional achievement. Nominees from more than 70 practice areas are considered. The selection process is rigorous and methodical.

 

DWI surcharge Houston No refusal weekends

Houston No refusal weekends: What you need to know.

There’s been a lot of talk about Houston No Refusal Weekends trying to increase DWI arrests. No Refusal Weekends are when officers pull you over, suspect that you’re intoxicated and you refuse to take the breath or blood test. The officer then gets a warrant from a judge to “compel” you to take a blood test.

No Refusal Weekends are especially popular during holidays such as St. Patrick’s Day, Memorial Day, Independence Day, Labor Day and New Year’s Eve.

The Independence Day Weekend in 2015, there were 23 arrests in Fort Bend County alone during a Houston No Refusal Weekend from Friday, July 3rd until Saturday night, July 4th. These efforts are “successful” because they bring together all divisions of law enforcement including Department of Public Safety, county constables, sheriff’s departments and local city police.

Houston No Refusal Weekends are Easy Money

The truth is, DWI No Refusal Weekends make it easy for law enforcement to get evidence that can convict you whether you’ve done anything wrong or not. As criminal defense attorneys specializing in DWI, we know there are problems with the law enforcement administered testing. A lot of problems.

A Breath of Un-fresh Air

First, let’s look at the breath test. These are the most convenient for law enforcement to administer, but one of the most inaccurate. They receive air from the lungs and test it for alcohol saturation. This evidence is, by nature, the most unreliable evidence from a scientific standpoint because the lungs are not where breath alcohol comes from. Breath alcohol comes from the entire air system throughout your body–not just the lungs. This fundamental flaw makes the breath test completely inaccurate. In addition, the samples saved during breath testing in Texas, aren’t preserved so that the test can be validated later.

The Blood Sport of Houston No Refusal Weekends

Second, blood testing, which is thought by many forensic scientists to be the most accurate and reliable means of determining alcohol concentration, is more difficult for police to obtain and analyze. From a law enforcement standpoint, the blood test is the least desirable and least convenient method. However, unlike breath testing, blood testing allows the person who has been arrested the opportunity to re-check the sample at a later time.

The Holidays are coming and that means No-Refusal Weekends. If you’re going to a part or hosting one, read my No-Refusal Weekend Survival Guide.

Why an open container is dangerous in DWI Offenses

Texas law says, you cannot drive while you’re impaired from alcohol and it says that you cannot drive with an open container. A DWI lawyer will tell you that if you are caught with an open container, the character of your offense will be changed and jail time will automatically be added to the minimum of the sentence you receive. If you are stopped, an officer is going to smell the open container, which will continue to have an odor, and he or she will assume you are drinking and driving.

So don’t drive with an open container — even one that’s empty! Don’t take any chances — if you have an empty container in your vehicle, just throw it away in the trash (and definitely not out of your car window).

What happens after “Not Guilty” in a Texas DWI arrest?

While the best outcome in a DWI case is a not guilty, you need to know that a DWI arrest record never goes away, unless you request an expunction of your record. An expunction allows the State of Texas to erase all the related DWI records to your case that were generated by the arrest. It’s like a legal time machine that brings your records back to the time before you were arrested making sure they are permanently and completely removed.

How many records? Let’s say a police officer in the City of Houston arrests you, the City will have a record that they will file with the Police Department. The Sheriff’s Office will have one when you are jailed and the Clerk’s office will have one when your case is filed. The District Attorney’s Office will have another record when they prosecute your case and, finally, the Texas Department of Public Safety will have one in relation to your driver’s license and criminal history.

So if a future employer conducts a background search, those records can be discovered and cause you a great deal of embarrassment or, worse, a lost job opportunity. A criminal defense attorney who is a DWI Specialist knows how to correctly and thoroughly file for an expunction and bring your criminal history back to where it was before your arrest.

Bandera DWI Lawyer

FORMER HARRIS COUNTY DISTRICT ATTORNEY EDWARD MCCLEES JOINS TRICHTER & MURPHY P.C.

HOUSTON — Aug. 3, 2015 — Trichter & Murphy P.C. announced today that former Harris County District Attorney and Chief of the Organized Crime Section, Ed McClees has joined the leading Houston DWI law firm as its newest criminal defense attorney.

“Ed McClees has been a very talented and effective prosecutor with the Harris County Office of District Attorney for several years,” said J. Gary Trichter, principal and founder, Trichter & Murphy P.C. “His aggressive and thorough nature, which made him a leader with the DA’s office, as well as his reputation for seeking fairness and justice for Harris County citizens will give our clients their best opportunity for a favorable outcome in their criminal cases.”

McClees, the newest Houston, Texas, DWI lawyers with Trichter & Murphy, gained notoriety for trying DWI cases for two years as a prosecutor and chief prosecutor for Harris County misdemeanor court. As chief of the Organized Crime Section, he prosecuted cases involving complex organized criminal activities, including fraudulent use or possession of identifying information, false statement to obtain credit, engaging in organized criminal activity, money laundering, aggravated robbery, theft, murder and other crimes. He also supervised prosecutors, investigators and support staff. He also served in the civil rights division.

“Trichter & Murphy is one of the most respected criminal defense law firms in Houston. Their reputation for providing strong criminal defense while showing tremendous compassion to their clients is one of the many reasons I joined the firm. I take my role of upholding the United States Constitution seriously and hold that defending the rights of our clients is the most important judicial role in our country,” McClees said.

Prior to joining the Harris County Office of District Attorney, McClees worked for the Callahan Law Firm PC and the Watts Law Firm LLP. He received his J.D. from the University of Houston Law Center and graduated cum laude with a B.S. from Texas A&M University.

Why a DWI Specialist is a More Effective Criminal Defense Attorney

One of the many benefits of having a criminal defense attorney who is a DWI specialist is their level of preparedness. They prepare by analyzing the different aspects of a DWI case long before the client walks in the door. They also prepare by applying their acute understanding of the science of how alcohol affects the body—not just in general, but how it affects people INDIVIDUALLY, because alcohol’s effect on an individual is as unique as a fingerprint.

A Library of Knowledge

Defense attorneys who are DWI specialists understand anatomy, biology, chemistry, physics and physiology, and we have libraries of research, case studies and experience that we’ve amassed over time. This includes research on specific officers—including local police, sheriff’s deputies, county constables and state troopers—that indicates which officers are good or bad.

Police Records

At Trichter & Murphy, we do our own background checks on officers using the Freedom of Information Act and the Open Records Act. We’ll request information on an arresting officer and gain a keen understanding of what kind of official he or she is. In most cases we’re gratified to know when an officer is a good officer, but sometimes we are saddened to find that there are bad officers enforcing our laws.

For instance, we know of one trooper with our Texas Department of Public Safety who has been recommended by his peers to be terminated twice for dishonesty. We know this because we accessed his records.

Being Prepared is Our Job

A DWI specialist combines knowledge of science with effective criminal defense acumen and skills to turn over every rock until he or she finds something that may make the difference in the ability to mount a proper defense. If an attorney isn’t willing to do that job, then they shouldn’t be doing legal work to help people. For us, it’s a matter of routine—we do it because it’s our job.

The ALR hearing and what it means in a DWI arrest

Administrative License Revocation hearing or ALR is a separate case that arises out of a DWI prosecution. Most people arrested for DWIs are surprised to learn that they have not one, but two cases after their arrest: one, a criminal case against you (DWI), and the second (ALR) is a hearing against your license.

The Purpose of the ALR Hearing

The hearing is based upon failing the breath or blood test or refusing to take them when asked, but it gives you the opportunity to contest the seizure or suspension of your license. If you take advantage of the ALR hearing, quite often you won’t lose your license. Keep in mind, you have only 15 days to request your hearing with the state after you have been arrested, otherwise your license will go into automatic suspension.

What the ALR Hearing Does

By requesting an ALR hearing, you force the Department of Public Safety (DPS) to prove its case against you. The DPS must prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause. If they cannot prove either, you win by default.

What Happens If the ALR Hearing Does Not Go in Your Favor?

You can receive a 180 day suspension if you decline to take a test upon proper request, or, if you fail a breath or blood test, you can receive a 90-day suspension of your driving privileges. A Houston attorney who is a DWI specialist can help you navigate through this complex, often times confusing process.

Read “Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?” DWI Question that talks about the importance of hiring the right attorney for this process.

The Dangers of DWI No Refusal Weekends in Houston

No Refusal weekends are a new phenomenon coined by law enforcement to advertise that police agencies will ask for a search warrant to seize a blood sample from a driver, if you refuse to take the breath test. The state of Texas allows a driver to refuse a breath or blood test, unless a judge issues a search warrant.

The idea behind DWI No Refusal Weekends is this: law enforcement wants you to make it easy for them to get evidence to convict you if you have done something wrong. However, among the many problems with DWI testing administered by law enforcement, breath test evidence is the most unreliable scientific evidence because it is based upon the theory of getting air from the lungs, and testing it for alcohol saturation. In truth, that is not where breath alcohol comes from. Breath alcohol comes from the entire air system throughout your body–not just the deep lung area making the breath test fundamentally flawed and inaccurate.

Boating While Intoxicated Season in Houston

Now that the weather is warming up, Texans will be hitting our waterways in Conroe, Livingston, Houston or Galveston in record numbers. That means boating and drinking. Let us say this first and foremost: If you’re the captain of a water vessel,  keep the safety of your passengers, yourself and other boaters in mind–don’t drink while boating.

Boating while intoxicated (BWI) is a serious charge in Texas. If fact, a BWI charge is every bit as serious as driving while intoxicated (DWI). You can be charged with BWI which is a Class B misdemeanor if the officer thinks you’re intoxicated while operating a watercraft. That charge comes with a minimum confinement of 72 hours.

Boating while intoxicated is a serious crime in Houston, Texas. Don’t drink and operate a boat on Texas waters.

The attorneys at Trichter and Murphy understand that a boating while intoxicated charge can hurt your reputation the same as a DWI or DUI arrest can. Be sure to consult a DWI Specialist criminal defense attorney for a BWI charge because the cards are stacked against you. The flawed breath and blood testing as well as the unfairness of the shoreside field sobriety tests give law enforcement an advantage, so you must know your rights as well as have an aggressive attorney on your side to represent you.