Mimi Coffey's Personal Blog on Politics, Society, and Social Injustice

Politics Today: Class Warfare

Am reading a book on the 1800 controversial elections by John Ferling and was awestruck at some great political lessons that could be learned today. In Washington's 2nd term trying to keep us out of war with France (during the French Revolution) he signed Jay's Treaty with Great Britain and was lambasted throughout the country (hard to imagine). People everywhere said he favored protecting the rich (largely successful citizens who had some trade built with England). They said he favored helping a monarchy over the French people who were fighting for democracy. This was a painful time for Washington but he marched forward doing what was best for the country. The reality was that our infant country could not afford another world war at that time (we could not even fund our soldiers in the Revolution). Another reality was that the French did not take lessons from us, their war turned into a fullscale battle against their country's "rich" where the jealousies turned into the beheading of many successful Frenchmen. What lessons can we take from that ?  First, politicians often sacrifice for the good of the whole. Washington did not like alot of the Jay Treaty but it at least kept us out of war.  Today the bitterness between Republicans and Democrats is palpable, especially after the Obama-Romney election and issues of the Fiscal Cliff.  The reality is many from both parties are seen to be pandering to the rich by not going whole hog into Obama's "tax the rich" panacea for solving the nations' problems.  Kudos to them for sticking to their guns.  It takes understanding both sides to make the best decisions for the country.  A friend of mine remarked to me last week that for every dollar he made for himself he made his boss three dollars. What he is failing to take into account is that for every $3 his boss gets: one goes to taxes, another into making proper decisions to build his company equity (no banks are loaning these days) and he is lucky if he gets to keep 50 cents of one dollar while he goes to bed every night worrying about the painful realities of making payroll, keeping business flowing in (our companies are not doing well in today's depressed economy) and preparing for the future. Unlike the worker who if he loses his job can go on unemployment and keep his house and style of living for years his boss will lose everything he has and unemployment won't solve anything if he even qualifies for it (which likely he won't). Not everyone has the capacity to build a business from the ground up. You have to be willing to sacrifice everything you have and many times pay your workers  money that you don't have, much less bring home a paycheck. It takes a special kind of person to build a business. Most people knowing the hard realities of what it takes would never even want to try; so why are we trying to punish our risktakers for the bad decisions of Congress who can't seem to encourage economic growth or balance the budget ?  I have been on both sides. I have lived paycheck to paycheck where that did not even cover the basics and as a boss having to make tough decisions about whether to give raises in a depressed economy where you worry about the bottom line and see all your profits go to ever increasing federal income taxes. So what is the solution ?  Simply put I have come up with some basics. First of all, if Obama would replace the word "rich" with "successful" it would put a whole different spin on things.  "Tax our country's successful" to make up for ever increasing national debt  would just not fly on the campaign trail or anywhere else.  We are a country that has pulled ourself up by our own bootstraps. Through trying times we made the experiment of democracy work through blood, sweat, toil and tears.  All Americans value the principle that in this country if you work hard enough you can succeed.  In every society there will always be those among us who lack the necessary skills to provide for themselves whether out of disability, age or lack of ability or want to. The key is finding out how to provide for them while rewarding the successful who carry the load. When Obama makes the successful feel they are not doing enough while there are plenty of citizens who are purposefully milking unemployment and various benefits it causes bitterness and acrimony. The balanced approach is the right one. There should be a flat tax so that all Americans pay an equal share. Then no one can complain and we ALL contribute our share.  As far as deductions go, let them be productive.  We should award deductions for the number of employees a company hires (like the child credit). Let's give companies incentives to put more people to work not less (as our current policies encourage). When companies want to invest assets let them be only deductible where everyone in the company benefits.  When a company gives its employees incentives to work harder they will. Companies who hire more employees and give them raises should  be the ones to benefit. Companies  who have not given their workers a raise in 5+ years (won't mention names here) while every year company executives enjoy multimillion dollar bonuses divided up among them will start making better choices. Our tax code should comport with the age old American mantra of reward hard work but for all and let the deductions reflect this. I for one know that as the economy has been bad, I have been making tough choices of giving raises even when this meant less security for me. So when I hear Obama campaign on the premise that everyone successful should suffer more I am offended. Companies that are doing the right thing, making the right choices should benefit not get penalized. We need to change our whole corporate tax structure to encourage the right choices. There is truth to both sides, it's not right for companies in hard times to benefit more by poor choices but the key in fixing this is to be smart and level the playing field so all have the incentives to make the right choices. Yahoo news reported Friday that Romney's official numbers were 48%. Somewhat ironic since he so famously made the "47%" comment about that portion of the population wanting handouts. He failed to recognize that in that 47% are people who are contributing, working hard and want a level playing field that rewards hard work.  Sure, some are wanting handouts but they are no different than the corporate cronies who lay off people to pad their paychecks knowing they can do so and by their investments make more money. There must be a fair balance and it must include giving incentives for good choices. Obama is right in that the time has come for there to be more fairness while we watch our economy spiral downhill and the investment brokers run away with all the federal TARP money that never made it to mainstreet America; but the solution is not to punish the hardworking, fairminded entrepreneurs who make right choices. Let's not tax them more, let's just change the tax structure so that there are no incentives to penalize hard working people of all economic classes. America has always valued success from the Rockefellers, the Carnegies to Bill Gates. These are after all the guys who build our country, let's just not create tax codes that reward them for stowing away money in unproductive tax shelters to the detriment of all. We need more jobs, more industry, and more innovation but we won't get this when we scare our country's future generations away from all that it takes to be successsful. The "rich" should not be a code war for class warfare. Our children should not be afraid of being successful lest the governement come and take everything they own while castigating them publicly. Kudos to Congress for sticking to their guns and fighting Obama on equalizing this country. If we wanted  pure equality we would have a Marxist government overthrow to ensure socialism. We wouldn't be America. Obama, give incentives for those on welfare to get off it. Give incentives for those companies who have money to spend it right, don't just take it away from them because one truth is certain: THE GOVERNMENT WILL DO NO BETTER. Hell, the government can't even balance a checkbook. You can't raise taxes without cutting spending or it is a never ending cycle of growing debt. The fact that government is growing into a cottage industry for jobs is scary. Government is here to encourage a good economy NOT BE THE ECONOMY.  Let's all be involved in 2013 and not vilify our politicians for tough choices but simply demand them.  2013 is a record year in that there are 20 female senators. All of them have said in a joint meeting that if government would stop worrying about things like abortion and focus on the economy we might be able to start solving our country's economic woes. If all of Congress was comprised of at least 50% women then abortion would not even be a pressing topic. When it comes to personal choices, let's focus on how this country spends money first. The rest will solve itself. I hate to see the Republican Party destroy itself because a few right wing zealots can't get off their anti-gay hate agenda and can't let people decide for themselves what to do with their bodies (the abortion debate) and prayer in schools ? Get real, read the Bill of Rights. Both parties have great ideas, let's just start prioritizing their issues right and get to stuff that matters or we are headed for a China takeover (the current debt we owe them now is astronomical). Superpower in name only is not fun.....

posted by Mimi Coffey @ 2:34 PM 0 comments

Mimi Coffey 2012 Happy New Year

posted by Mimi Coffey @ 1:53 PM 0 comments

Inspiring Judges

Want to take the time to relate inspiring thoughts on  the nobleness of 2 judges.

The first is Tarrant County District Court #4 Judge Mike Thomas. He played on the Baylor Bear football team years ago when many hotels did not allow blacks to stay in them. He was on the first Baylor football team that allowed blacks to play.  When they played the University of Arkansas they could not find a hotel in Fayetteville that would allow their black team member to stay so the whole team stayed in neighboring Ft. Smith,Arkansas because they refused to tolerate such inequality.  Tarrant County should know that Mike Thomas has a deep sense of fairness innately and has had it for many years of his life.

Dallas's delinquent court judge Joseph Miller understands that you can change a young person's life early on and prevent a life of serious crime if you get them the right help. In his court that addresses kids missing school he requires the parents to attend and becomes very emotionally upset when absentee fathers don't participate.  He passionately believes that if you can intervene in homes where the parents are not doing their jobs, you can save a young life from spiralling further downhill. Joseph Miller is fun person with a huge, big heart and I know he truly loves helping people and everything he does in his truancy court is out of a desire to change those young kids' lives for the better. It in turn,  he is creating a safer, healthier and more productive Dallas County.  I am proud to call him friend as well and miss the days of him hanging out with our Dallas lawyer group for Friday lunches ! Just seeing Joseph Miller makes me smile and we will have less violent criminals and young lives gone astray as long as he stays on the bench.

It is a wonderful thing when the right people get in positions of power. It makes the world a better place. These gentlemen aren't judges because they need the power, they are judges because the power allows them to give back in big ways. Abraham Lincoln once said "Nearly all men can stand adversity, but if you want to test a man's character, give him power."  Let us all give back with the power we have within us to better life for everyone around us.

posted by Mimi Coffey @ 7:51 PM 0 comments

The Great Debate

The Great Debate: Today’s Bad Economy & a Presidential Election


The Oct.3, 2012 Presidential Debate: What Matters, Who Won ?


Over 70 million Americans watched the Denver debate between President Obama and his contender Mitt Romney. Who won ? First- ground rules. Debates should be judged on substance. Personal feelings about candidates should be set aside. Respect for both candidates is necessary in order to properly assess both the strengths and weaknesses. Why is this debate particularly important ? Because we are still suffering from a horrible economy that crashed in 2009 and hasn’t recovered. So here goes as divided by candidates: salient points either pro or con according to the contender.





Romney: “Trickle down government”, the most powerful phrase mentioned in the debate. We all know subconsciously that government is getting bigger but Romney asked a key question, how big does it need to be ? 42% of spending in our US economy is on the government. This is the same percentage as Spain. So, let’s look at Spain ? According to Wikepedia: “Between 2008 and 2012 … almost a quarter of Spain's workforce is currently unemployed.” No thanks. We have had 43 straight months with unemployment over 8%. That’s bad enough. America needs to stand up on its own two feet to provide for its people without government being its main economic industry (an oxymoron). When a huge portion of our population is dependent on the government for their job, exactly like socialist countries, we have ceased to be an enterprising and innovative democracy. Romney has ran successful businesses and understands firsthand what it takes to keep America employed right down to tax issues, overhead, finances and human resource necessities. If we honestly look at Obama’s resume we know Obama understands how to teach a class (constitutional law), write books, and be a very effective government bureaucrat (his state senate and congress years, plus community organizing). A bad economy needs a good and proven businessman. Romney pledged to go after China for unfair trade, another great tactic for balancing out a huge unfair trade imbalance that is costing America jobs. Healthcare ? As governor of Massachusetts ( a state 87% Democratic), he passed a universal health care plan for its citizens (without raising taxed to fund it) that did not involve an unelected board who decides what treatment a patient will get and did so by not raising taxes to afford this plan. To stimulate economic growth, Governor Romney cut taxes 19 times while in office. Poweful facts. Future facts: three fourths of small businesses said they are less likely to hire new employees due to the costs of Obamacare.


Obama: Main theme to his reelection and addressing our national economic woes: increase taxes for upper income people “who have benefited from the opportunities of our country.” Facts, during his 4 years: gas prices have doubled, the average middle income family is $4k worse off, health care prices for everyone is on average $2500 more, there are 10 million more people on food stamps , the national deficit has doubled, 50% of doctors said they won’t take any Medicare or Medicaid patients under Obamacare, and 50% of new college graduates can't find jobs. Assessment, a D- report card for his 4 years as far as the economy is concerned. Good points ? If elected he will close tax loopholes to companies that ship jobs overseas. In his 4 years there has been more energy production (however this has all been private not public production). On banks, he won’t sponsor any more “taxpayer bailouts” .


Bottom line. I love Obama. I even wrote a blog about his first 100 days of office (http://mybarackobamajournal.blogspot.com/2009/01/introduction.html). I admire his intelligence, his will and desire to help people, his dedication to his family and his communication skills. I just wish he had a different message to communicate this time around. I loved his past “Hope” campaign but “Moving Forward” this time around is not appealing to me if it involves an extension of the past 4 years . Of course, I appreciate his service to our country and the contributions he has made despite the economic report card . If elected, I will support him wholeheartedly as I think every citizen should. However, what makes our country great is the fact we have choices. No leader or candidate is perfect. Hence, elections…. There are 3 ways to solve a failing economy: 1. Cut spending 2. Raise taxes 3. Increase revenue. In a downward spiral economy, you can't solve the problems by just raising taxes (Obama’s platform). If we raise taxes disproportionately on our chief innovators (yes, the wealthy who risk life and limb to start up companies and experiment on ideas that turn into industries and jobs) they will be less likely to produce. The answer is not crushing the successful, what is disposable to them and most of all their spirit. That's called insecurity, bitterness and a class warfare this government should be alarmed about not sponsoring. Ask the average American if they would risk everything to end up filing bankruptcy (as did Trump multiple times) or be guaranted a job and security the rest of their life. Most choose the latter, but it's the Trumps who create jobs for us all. “The pursuit of happiness” or the American Dream means you reap what you sow, the harder you work the more you benefit. Entitlement has never been America’s middle name. Our constitution created a democracy not a socialist state. By increasing government, we increase spending. This doesn’t solve the deficit, it grows it. When we reward people for not working there is no incentive to work. We need to raise revenue as Romney said; we need to create more jobs and this will help us cut spending (eg. less people on welfare); we need to cut spending. Bill Clinton was a Rhodes scholar & able to see that by raising revenue you take care of your economic woes. Obama shares the same good hearted Clinton Democratic values but has demonstrated serious lapses of judgment regarding the economy: TARP bailed out the fat cats but had no regulations with teeth resulting in the money never reaching “Main Street”. Obama had good intentions but did not know how to follow through. Having an economic cabinet member in an important position critical to the country with credibility issues did not help (Larry Summers who was forced to step down as President of Harvard after he publicly declared women and girls are genetically less capable to do math and science, unfortunately I kid you not ).


We all want our neighbors, friends, family and the country to be happy, healthy and safe. A recent Netflix documentary called “Happy”points out that once basic necessities are covered money does not make someone happy. Our problem here is twofold: too many people remain unemployed and don’t have the basic means to be happy. Secondly, those of us who are breaking our backs to make others happy are being told we are not doing enough. At the end of the day the old choice of do you give a starving man a fish or teach him how to fish is pertinent. Those of us who want to teach people how to fish want to see our government learn how to fish. They have forgotten how to balance a checkbook and now tell us if you succeed they are coming after you. It’s not a matter of the “haves” versus the “have nots”. It’s a matter of the “have to be responsible” period: the “haves”, the “have nots” the government making tough but “have to” decisions that are fair to everyone. Democrats and Republicans alike “have” to work together, all of us, taking off “party” designations. We don’t “have” to be a Democrat, Republican or Independent.We should vote our conscience whatever party that is. We “have” to be smart as a country if we want our children to have fair opportunities and if we are to remain a world leader. Ask yourself at the ballot box and watching these debates : Move Forward or Time for a New Game Plan ? I know what my answer is…..


My favorite line of the debate ? Responding to a point of contention with Obama, Romney said “I have 5 boys, I’m use to them thinking if they keep on saying it I will believe it’s true….” It’s good to laugh when we disagree and just like Romney said, it’s in people’nature to keep on doing or saying what they think they need to- to accomplish an objective. Let’ recognize this but stay true to truth while respecting everyone in the process. We all want the same thing, what’s good for America. Everyone, vote…. It matters.

posted by Mimi Coffey @ 8:23 AM 0 comments

Buffoonery in Blood Testing

(This blog was spurred on by my conversation today with Texas DPS lab analyst in Austin that agreed to talk to me after my dissatisfaction with the noncompliance of 2 subpoena duces tecums. Specifically, "I need the mathematical analysis worksheet to verify the numbers.." Response: "We don't have that."  Then: "I need the calibration curve report so that I can do my own mathematical verification..." Response: "We use single point calibration."  The most concerning statement was that they just have "the machine do the numbers."  To the analyst's credit he does not write the regulations, he is responsive and direct in telling me what the lab can and can't provide but my job is not to make nice nice, my job is to get the data, analyze the data and render a professional  opinion to my client as to its validity. Clearly it is time for all us Americans to demand better in our labs.  It is time to educate the judges so they don't tolerate this and require proper scientific protocols. It is time for the legislature to understand that nothing is more important than one's liberty (NO not health care, social security, taxes...) and for them to regulate toxicology lab work via proper scientific procedures that are well established and the best and most cutting edge in the scientific community.  The "ASCLD" lab certification  that government labs have (because most can't qualify for any other) is a scientific joke.  For mere insight: http://gritsforbreakfast.blogspot.com/2012/03/is-ascldlab-crime-lab-accreditation.html  It is truly time that we bring truth to "government science."

Now back to blood testing: gas chromatography blood tests are only as good as the math behind the numbers generated by each chromatogram. The math is only as good as the formulas/calibrations used.  In the scientific peer review community it is well established that you cannot calculate a slope from a single point. In order to calibrate you must verify at more than one point.  At minimal you use 3-5 points (the more the better). Texas DPS, probably the largest crime lab in the US (except maybe to California) uses a single point calibration. They do not mathematically verify any of the machine's calculations in DWI blood testing. What does this mean ?  I quote the Institute for Chromatography "The single point calibration line is source of serious quantity errors."  There is no way to accurately mathematically quanitify the % of error using a single point.  My fellow Texans, this is no different than craps.... the number is just a random one.  Time for the bullshit to end.  As a defense lawyer I am crushed with emotion thinking about all the people who have been convicted trusting the Texas DPS labs. 

Some great basic textbook reading on GC calibration:  http://www.interchromforum.com/html/sampling_calibration.html

posted by Mimi Coffey @ 2:50 PM 0 comments

A TOTAL REFUSAL IS NOT PROBABLE CAUSE !

The Boiling Coffey Pot: last night I find out a sweet, bright young new lawyer (I mentored her by letting her sit second chair for experience) got arrested for DWI by Keller PD cop Hicks (badge # 154) after she got pulled over for not using a turn signal and telling him she only had one drink. Naturally, she refused all the tests (as he wasn't believing her) and he got a warrant for her blood. Result ? No ethanol. The DA refused to file her case. The ALR judge suspended her license even with evidence of the ZERO ethanol toxicology report ! Bullshit. Here is what is wrong with this picture: the fact that the cop arrested her for probable cause in the first place. Saying NO to everything because the cop has NOTHING is NOT probable cause to arrest and it is high time cops, da(s), and judges start holding them to this and throwing out total refusal bullshit arrests. JYou either have evidence or you don't ! This is not the middle east, we as free American citizens DON"T HAVE TO prove anything. Typical descriptors like "odor of alcohol and bloodshot eyes" is NOT probable cause. Jimminy Christmas. I swear to God, this type of behavior is worse than Communism.

posted by Mimi Coffey @ 2:35 PM 1 comments

Little Ray of Sunshine on a Possession Case

Tarrant County ray of sunshine in court today :)

Promised a DA I would "blog" about this today (her request). Had a possession case (hydrocodone) of which my client had a prescription, just grabbed the wrong pills (her roommate's). Asked for a dismissal in the interest of justice under the facts and the DA did one better- she said Mimi, I am going to dismiss her case because of all the rehab she did on her own for the DWI (concurrent case). Badass. Love DAs that see the bigger picture.  Nice, clean, dismissal....... ah, life is good....

posted by Mimi Coffey @ 6:31 PM 0 comments

Gays in the Military

In my 6 year quest of reading books on Founding Fathers  decided to read a book on Baron Von Steuben, the amazing Prussian/German military genius who proved a godsend to George Washington by introducing order, discipline & rules into the American Army (even wrote the army's first blue book). It turns out he is gay. It's a shame we don't teach this in schools & in our history books. It would make this whole ridiculous controversy over gay policies in the military moot. 

I recommend the book "The Drillmaster of Valley Forge" by Paul Lockhart

http://www.huffingtonpost.com/nicholas-ferroni/american-military-history_b_1606530.html

posted by Mimi Coffey @ 12:35 PM 0 comments

DWI Common Courtroom Mistruths

hemorrhage; (13) epilepsy; (14) hypertension; (15) motion sickness; (16) sunstroke; (17) eye strain; (18) eye muscle fatigue; (19) glaucoma; (20) changes in atmospheric pressure; (21) consumption of excessive amounts of caffeine; (22) excessive exposure to nicotine; (23) aspirin; (24) circadian rhythms; (25) acute trauma to the head; (26) chronic trauma to the head; (27) some prescription drugs, tranquilizers, pain medications, anti-consultants; (28) barbiturates; (29) disorders of the vestibular apparatus and brain stem; (30) cerebellum dysfunction; (31) heredity; (32) diet; (33) toxins; (34) exposure to solvents, PCBS, dry cleaning fumes, carbon monoxide; (34) extreme chilling; (35) eye muscle imbalance; (36) lesions; (37) continuous movement of the visual field past the eyes, i.e., looking from a moving train; and (38) antihistamine use.” Schultz v. State, 664 A.2d 60, 77 (Md.App. 1995), citing, inter alia, Mark A. Rouleau, Unreliability of the Horizontal Gaze Nystagmus Test, 4 AmJur. Proof of Facts 3d 439 (1989); Louise J. Gordy & Roscoe N. Gray, 3A Attorney 's Textbook of Medicine §§ 84.63 and 84.64 (1990). 
Dr. Booker wrote a great article on HGN that is scientifically peer reviewed (of which none of the Dr. Burns SFST research is): Booker, J. L. (2001). End-position nystagmus as an indictor of ethanol intoxication. Science and Justice, 41(2), 113-116. Other excellent ones that are eye opening which should be mandatory reading for all judges include: Nowaczyk, R. H., & Cole, S. (1995). Separating myth from fact: A review of research on the field sobriety tests. The Champion, 19(7), 40-43. Rubenzer, S. J. (2003a). The psychometrics and science of the standardized field sobriety tests, Part 1. The Champion, 27(4), 48-54.Rubenzer, S. J. (2003b). The psychometrics and science of the standardized field sobriety tests, Part 2 The Champion, 27(5), 40-44Booker, J. L. (2004). The Horizontal Gaze Nystagmus test: Fraudulent science in the American courts. Science & Justice, 44(3), 133-139.

	Dynamics of soluble gas exchange in the airways III. Single-exhalation breathing maneuver. by Steven C. George, Albert L. Babb, and Michael P. Hlastala.1993. Soluble gas exchange in the pulmonary airways of sheep. by Schimmel, Carmel, Susan L. Bernard, Joseph C. Anderson, Nayak L. Polissar, S. Lakshminarayan, and Michael P. Hlastala. 2003 Modeling soluble gas exchange in the airways and alveoli. by Joseph C. Anderson, Albert L. Babb, and Michael P. Hlastala, 2003 Conducting airway gas exchange: diffusion-related differences in inert gas elimination. by Erik R. Swenson, H. Thomas Robertson, Nayak L. Pollisar, Mical E. Middaugh, and Michael P. Hlastala. 1992 Diffusion of nonelectrolytes in the canine trachea: effect of tight junction. by Steven C. George, Albert L. Babb, Mark E. Deffebach, and Michael P. Hlastala. 1996 A fractal analysis of the radial distribution of bronchial capillaries around large airways. by Joseph C. Anderson, Albert L. Babb, and Michael P. Hlastala. 2005 Accurate measurement of blood alcohol concentration with isothermal rebreathing. by J. Ohlsson, D.D. Ralph, M.A. Mandelkorn, A. L. Babb, and M. P. Hlastala, 1990 Modeling steady-state inert gas exchange in the canine trachea. by Steven C. George, Jennifer E. Souders, Albert L. Babb, and Michael P. Hlastala. 1995 Tracheal gas exchange: perfusion-related differences in inert gas elimination. by Jennifer E. Souders, Steven C. George, Nayak L. Polissar, Erik R. Swenson, and Michael P. Hlastala. 1995
Alcohol Breath Test	Paradigm Shift for the Alcohol Breath Test. by Michael P. Hlastala, Ph.D. (Requires Adobe Acrobat Reader)
	Physiological Errors Associated with Alcohol Breath Testing, by Michael P. Hlastala, Ph.D. (Requires Adobe Acrobat Reader)
	"Alcohol Breath Test -- A Review" by Hlastala, MP. (Requires Adobe Acrobat Reader)
	Invited Editorial on "The Alcohol Breath Test", by Michael P. Hlastala, Ph.D.
	Breathing-Related Limitations to the Alcohol Breath Test, by Michael P. Hlastala, Ph.D. (Requires Adobe Acrobat Reader)
	The Impact of Breathing Pattern and Lung Size on the Alcohol Breath Test, by Michael P. Hlastala and Joseph C. Anderson. In Annals of Biomedical Engineering. (Requires Adobe Acrobat Reader)
	The Alcohol Breath Test is Biased against Individuals with Smaller Lung Volume, by Michael P. Hlastala; in Law & Science 23(11): 1-5, 2008. (Requires Adobe Acrobat Reader)
	Breath Tests and Airway Gas Exchange, by Anderson, JC and MP Hlastala. (Requires Adobe Acrobat Reader)

posted by Mimi Coffey @ 8:18 AM 0 comments

Recent Fort Worth Star Telegram Article (Interlock Monopoly) & More

posted by Mimi Coffey @ 9:29 AM 4 comments

Is the Texas Judicial System of Electing Judges the Best One ?

posted by Mimi Coffey @ 8:04 PM 0 comments

A Key to Understanding How Justice Happens

I have recently expanded my practice to Collin County and every time I go out there I am in shock and amazement of how wonderful an experience it is. First my observations: everyone from the bailiffs, DAs, court administrative staff and judges are so polite, pleasant, helpful and quite frankly many are beautiful/handsome (so much so that I have nicknamed Collin County "Hollywood"). This last observation seems superficial but it is factual and I think it actually proves my theory.... When I drive out there it is such a pleasant experience: all the new stores, new architecture, cleanliness, and variety of choices on everything. It has dawned on me that the general atmosphere in the air has the pregnant hope of the positivity of the US in the 1950s: a time when the "Leave it to Beaver" attitude was so pervasive. Hope is in the air about everything in Collin County from the amazing array of choices at the QT (never saw a fancier one right down to the whipped cream machine for your coffee) to the better selections of their department stores. Everyone seems to be smiling and optimistic. So what is happening ???? Well, the facts are: the economy is bursting at the seams, the population growth is exploding, and what the surveys are saying about Collin County being one of the best places to live and migrate to in the United States is true ! Hope, happiness, better quality of life.... No wonder that the DAs are so pleasant, the judges so charitable, forgiving and accommodating. I find myself in a super happy mood while in Collin County whether it's at court or shopping at Ross or getting a fancy latte at the QT. My observations (compounded upon years of trial experience and figuring out that happy people make the best jurors) have cemented my theory: "Where there is hope, there is charity. Where there is misery, there is no mercy." I sure hope Tarrant and Dallas counties start implementing what the Collin County municipalities are doing in tax incentives to attract businnesses and stimulate economic growth. When you have a great economy springing from every direction, one need not be depressed driving through the depressed and dilapidated city eyesores that lead to misery in many ways that everyone is subjected to from job loss to negativity. There is a reason why they say "Hope springs eternal." That is because hope makes the world a better place. Collin County is a recipe for bringing the rest of Texas back. Hope, happiness, beauty in all forms brings much more goodness to the world than misery. Now if we could only work on that for the betterment of all systems including:the judicial, law enforcement, economy, & education. I always walk away from unreasonable and difficult da(s) and judges wondering "what went wrong with that person" ? Now, I think perhaps the good ones are the exception to the rule. The problem is that misery is symptomatic on many levels. We owe it to eachother to do what we can on a societal level to bring back happiness for everyone. To do this we need smart and enterprising leaders to implement innovative change. We need to reduce big government and regulations not increase it as we have done. Collin County understands that enterprise is the solution. This is a very Ben Franklin way of thinking, but one's personal happiness for others must start with systematic societal good decisions. Kudos to Collin County. You guys are doing it all right....

posted by Mimi Coffey @ 6:32 PM 0 comments

Justice

"Profiteers" and "Privateers" close in semantics and in meaning. The former meaning a person in today's society who capitalizes on a profit making opportunity. The latter a term dubbed on pirates who sailed the seas in search of loot. I am currently reading a biography (in my Founding Father quest) on the father of the US Navy: John Paul Jones. His character was impeccable. His mariner skills keen. His spirit to fight injustice unparalleled. As a Scotch sailor, he quickly joined the American bandwagon for "equality for all" versus a society of the privileged based on monarchy. Everything he did (his raiding of the English coasts in retaliation for the British raiding & burning of American eastern seacoasts), his sea battles, his diplomatic overtures in France were made on principle: to secure democracy for everyone. Yet his detractors claimed he was a "Privateer", a pirate. He had many opportunities to profit as a privateer but did not. His main goal at sea was to capture British ships for American use and secure British prisoners to exchange them for American prisoners. He faced each obstacle with dignity and ultimately overcame each one placed in his path due to his patience, temperance and passion he possessed in fighting for the just principles of equality.

My detractors call me a "Profiteer" claiming I do it for the money. Had one felony DA say it to my face. They are wrong. I go to Austin to fight unjust DWI laws. If I wanted to profit, I would do what many do (which is nothing, stay out of it) or I would be on the side of the interlock industry (the strongest DWI lobbyist when it comes to legislation) and the prosecutors because the more severe the DWI laws, the more opportunity for profit. My record is clear. In the past 4 legislative sessions I have been the most consistent obstacle to stricter DWI laws. When Texas got rid of the 10 year rule for DWIs only myself and one other attorney fought the interlock industry in Austin (they stood to profit more by removing the 10 year rule). I wish DWIs could be treated for what they really are not the overzealous, right wing moral crusade MADD has made it to be. Less than 3500 people die from DWI a year (real numbers not NHTSA's "alcohol related" 14k). This is not justification for overtaking our highway billboards with scare tactics of "Drink.Drive.Go to Jail." which is not even the law. Most people who drink and drive and are pulled over and have hurt no one. Some cop on a DWI quota pulled them over for some minor traffic infraction. They are then subjected to tests no better than what teenage girls used in the Salem Witch Hunt trials, simply put: specious evidence our courts without proper scientific training are letting them get away with. Our justice system has become a haven to these wild zealots whose aim is neoprohibition (history repeats itself). The politicians (judges) and elected DAs feel captive as the old adage goes "The squeaky wheel gets the grease." MADD representatives show up to court, bring cakes and goodies and now even sponsor chili cook offs for the DAs. Simply put: their presence is unmistakeable right down to the DAs' DWI "office policies". The reality is that this extreme sect (MADD) has consistently been ranked one of the country's worst charities (I cite Wikepedia). Those who believe one should never drink anything and drive are not the majority.

I went to law school to learn a trade where I have been blessed with talents: analytical skills, debate and speech. My character for equality and fairness led me to the fight against injustice in DWI. Nothing would make me happier than if cops started only arresting legitimate DWIs (not these pretext stops for speeding, etc. by local bars). I would do what I do no matter what it paid. I definitely would not spend my time and my own expense travelling across the country teaching other lawyers about the injustice of DWI and how best to defend it if I was only in it for profit. If I was selfish I would not choose a profession in which I am in trial the majority of the year, which includes weekends getting ready for trial. My dedication to justice in DWI has caused me intangible sacrifices of time with my family that I can never get back. Being a lawyer, there are a whole lot of other options that both pay more, involve less work and that are not vilified. In the spirit of John Paul Jones, I fight to make the world a fair place for all of us and to use his famous words: "I have not yet begun to fight."

Mimi Coffey, Sr.

posted by Mimi Coffey @ 1:43 PM 2 comments

Modern Day Hero Judge Julia Hayes

In the hustle and bustle of life often great deeds go unmentioned, particularly at the courthouse. It is uplifting and inspiring to hear and share stories of heroic deeds that all too often go unnoticed and deserve mention. Two Fridays ago on March 2, 2012 I popped into Dallas County Criminal Court no.2 to say Hi to the judge & report on the status of an upcoming trial when I witnessed her in the middle of busting a plea. A skinny 17 year old African American high school kid in his orange jail jumpersuit handcuffed behind his back was addressing the judge from behind the counsel table. With her quick wit, she quickly sized up the kid and asked him when he was going to graduate. He meekly stated “in the summer.” She asked him what his criminal trespass case was. He replied that he got caught playing basketball after allowed hours and was warned before not to play past dark (per the apt rules). She asked why he had a theft charge. He explained that he took the school drum home (the one assigned to him in band) to practice that night and was going to bring it back the next day and never had a chance to explain that to anyone at the school. She asked him who lived at home with him (a single mom) and wanted to know what level of supervision there was (practically none). His court appointed lawyer had already had him sign the plea papers for credit for time served (he had been in jail for 2 weeks with no money to bond out) which would have been a quick fix but a lifetime of job rejection due to a theft conviction (crime of moral turpitude) on his permanent record. She busted the plea and gave him deferred probations as the kid had no record and told him if he straightened up he would have both cases dismissed and a chance at having a fair shot at life. Serious emotion overwhelmed me as I witnessed her kindness and compassion and quick intelligence render justice to a situation that otherwise would have ruined the young kid’s life forever. Young people make mistakes. Their frontal lobes are not fully developed until they are 21. Young kids make stupid decisions, that’s why Tarrant County has a dismissal DPP program for kids under 21 that commit similar offenses. Although it appeared no one in the school, or even his mom cared, Julia stepped in and gave the kid a chance. That kid will probably spend the rest of his life thinking about how she addressed him, cared and placed confidence and hope in him. Judge Julia Hayes is a modern day hero. Dallas County is blessed to have such a smart, great judge who truly makes the world a better place.

posted by Mimi Coffey @ 7:42 PM 0 comments

My Firm's Slide Show

http://www.kizoa.com/slideshow/d2181972kP108560995o2/coffey-firm

posted by Mimi Coffey @ 12:08 PM 0 comments

How to Solve the Nation's Drug Issues

As a criminal defense lawyer I am in the middle of the muddy judicial system which is broken and in need of repair. Moral crusading politicians get on their high horses pandering to the ignorant masses (as in not informed & educated on issues) that respond well to catchy tag lines, commercials & speeches. The next thing you know we have more harsh laws, more people arrested and we are building more prisons. The prosecutors try to justify to themselves that their punishments stop property crimes and other offenses related to drug use. Me & other defense lawyers are spinning around so fast on the merry go round of fighting the DAs' approach of harshly convicting or unreasonably probating everyone (probation conditions so onerous they might as well be in jail) that everyone including the judges lose sight of the big picture . What solves people's drug issues ? Is throwing a kid in prison for years over crack possession gonna change him when he gets out (he is worse) ? Are we spending our tax dollars wisely ? What is in society's best interest ?

I've always felt there was something not right with what started out as Reagan's "War on Drugs" (even though I love Reagan, an actor not a justice scholar does he make). I have shared the sadness of too many clients being punished for something that should be treated like a disease and health issue not one reflective of an evil minded real criminal. Well the government of Portugal was smart enough to think outside the box & decriminalized all drug offenses and assigned their Health Department to take over. The results ? Drug addiction declined as well as the crimes that addicted people desperate for drugs will do (property crimes). Their story is a remarkably successful one. How can the greatest country on earth be the meanest when it comes to caring for its weakest citizens (we incarcerate more people than most third world countries) ? Time we be smart on crime and not aimlessly & maliciously "tough". Time we reevaluate our DWI laws too that just aim at punishing social drinkers (otherwise we would not use non scientific circus acts called field sobriety tests and widely known inaccurate breath tests to incarcerate and wrongly convict people).

Here is one of the world's smartest and wealthiest men's take:Richard Branson's blog on the "War on Drugs":

Visited Portugal, as one of the Global Drug Commissioners, to congratulate them on the success of their drug policies over the last 10 years.Ten years ago the Portuguese Government responded to widespread public concern over drugs by rejecting a “war on drugs” approach and instead decriminalized drug possession and use. It further rebuffed convention by placing the responsibility for decreasing drug demand as well as managing dependency under the Ministry of Health rather than the Ministry of Justice. With this, the official response towards drug-dependent persons shifted from viewing them as criminals to treating them as patients.Now with a decade of experience Portugal provides a valuable case study of how decriminalization coupled with evidence-based strategies can reduce drug consumption, dependence, recidivism and HIV infection and create safer communities for all.I will set out clearly what I learned from my visit to Portugal and would urge other countries to study this:In 2001 Portugal became the first European country to officially abolish all criminal penalties for personal possession of drugs, including marijuana, cocaine, heroin and methamphetamines.Jail time was replaced with offer of therapy. (The argument was that the fear of prison drives addicts underground and that incarceration is much more expensive than treatment).Under Portugal’s new regime, people found guilty of possessing small amounts of drugs are sent to a panel consisting of a psychologist, social worker, and legal adviser for appropriate treatment (which may be refused without criminal punishment), instead of jail.Critics in the poor, socially conservative and largely Catholic nation said decriminalizing drug possession would open the country to “drug tourists” and exacerbate Portugal’s drug problem; the country has some of the highest levels of hard-drug use in Europe. The recently realised results of a report commissioned by the Cato Institute, suggest otherwise.The paper, published by Cato in April 2011, found that in the five years after personal possession was decriminalized, illegal drug use among teens in Portugal declined and rates of new HIV infections caused by sharing of dirty needles dropped, while the number of people seeking treatment for drug addiction more than doubled.It has enabled the Portuguese government to manage and control the problem far better than virtually every other Western country does.Compared to the European Union and the US, Portugal drug use numbers are impressive.Following decriminalization, Portugal has the lowest rate of lifetime marijuana use in people over 15 in the EU: 10%. The most comparable figure in America is in people over 12: 39.8%, Proportionally, more Americans have used cocaine than Portuguese have used marijuana.The Cato paper reports that between 2001 and 2006 in Portugal, rates of lifetime use of any illegal drug among seventh through ninth graders fell from 14.1% to 10.6%. Drug use in older teens also declined. Life time heroin use among 16-18 year olds fell from 2.5% to 1.8%.New HIV infections in drug users fell by 17% between 1999 and 2003.Death related to heroin and similar drugs were cut by more than half.The number of people on methadone and buprenorphine treatment for drug addiction rose to 14,877 from 6,040, after decriminalization, and the considerable money saved on enforcement allowed for increase funding of drug – free treatment as well.Property theft has dropped dramatically (50% - 80% of all property theft worldwide is caused by drug users).America has the highest rates of cocaine and marijuana use in the world, and while most of the EU (including Holland) has more liberal drug laws than the US, it also has less drug use.Current policy debate is that it’s based on “speculation and fear mongering”, rather than empirical evidence on the effect of more lenient drug policies. In Portugal, the effect was to neutralize what had become the country’s number one public health problem.Decriminalization does not result in increased drug use.Portugal’s 10 year experiment shows clearly that enough is enough. It is time to end the war on drugs worldwide. We must stop criminalising drug users. Health and treatment should be offered to drug users – not prison. Bad drugs policies affect literally hundreds of thousands of individuals and communities across the world. We need to provide medical help to those that have problematic use – not criminal retribution.

posted by Mimi Coffey @ 12:47 PM 0 comments