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Texas Hill Country DWI Lawyer, Kendell County DWI attorney, Boerne 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.

Multiple DWI convictions may not be your fault; could be a sign of deeper issues

It used to be in Texas that if you had a DWI that was beyond ten years old, that conviction could not be used against you in your current case to ratchet up the punishment. But years ago, Texas changed that law so if you had an older DWI conviction whether it was ten, twenty–even thirty years ago, it can be used to make the punishment for your present DWI conviction much more harsh. It can even change the grade of your current DWI offense to which you are presently being prosecuted.

You may have multiple DWI convictions because you may just be unlucky. After all, with increased efforts by law enforcement to deter drunk driving, it really doesn’t take much to get arrested. As a criminal defense lawyer in Houston who is also a DWI specialist, I understand this all too clearly.

But if you have an issue with alcoholism, then we need to help you address that. If we don’t first address your drinking problem, then you are more likely to come back with another DWI. And neither we (as a community) nor the courts want that because we all drive the same streets you do.

So, as a responsible citizen and a law firm that cares about our clients welfare, we try to get our clients the help they need to address all the issues we can that caused their DWI arrests and help both legally and become a better member of our community.

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 Benefits of a Houston DWI Lawyer Who is a DWI Specialist Over a Criminal Defense Attorney

America offers a lot of all-in-one alternatives. Think about doctors. General practitioners listen attentively to health complaints, but don’t have deep experience in one particular area. That’s where they often refer you to a specialist. DWI defense is very similar.

If you are ever arrested for DWI in Houston, consider the benefits of having a Houston DWI specialist who has specific, trained knowledge about more than just the law. DWI arrests involve not only the standards of the Texas Department of Public Safety, they also involve your specific anatomy combined with the laws of biology, chemistry and physics.

A DWI specialist understands how alcohol interacts with your respiratory and cardio vascular systems, and how this interaction can affect your blood alcohol and breath tests.

Before you walk in the door, check to make sure your DWI specialist has an effective library of knowledge, trial exhibits and the research skills to evaluate all factors involved in your situation – including background profiles of law enforcement officers, their conduct and public arrests.

A DWI specialist should use all of these skills to examine and investigate every detail related to your case, because that is what you hire them to do. You need more than all-in-one representation, you need a skilled DWI specialist to provide you with everything they’ve got to make a difference in your situation.

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.

 

J. Gary Trichter selected to the 2015 Texas Super Lawyers list

Houston DWI Lawyer, J. Gary Trichter has been selected to the 2015 Texas Super Lawyers list for the thirteenth consecutive year. The Super Lawyers list, published by Thomson Reuters business, is based on a statewide nomination and research-driven process, and evaluated by other lawyers. According to Thomson Reuters, being listed reflects “the excellence you bring to your practice and the quality of work you provide to clients. This is the reason why other law firms, attorneys and clients send you business.”

Super Lawyers is the most widely distributed legal magazine in the state and country with one of the top viewed legal websites. Trichter has been listed every year since 2003.