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

My Firm's Slide Show

2012-01-12T12:08:00.000-06:00

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

How to Solve the Nation's Drug Issues

2011-12-19T12:47:00.001-06:00

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.

Mimi Coffey's 10/18 Republican Debate Analysis

2011-10-24T18:00:00.003-05:00

Yes, I'm pretty liberal on social issues, often vote Democratic but believe in small government (less is more) and being fiscally conservative. Most people don't liven up to the Presidential politics till the year before but now is the time where wild cards succeed and there is unexpected entertainment. The Tuesday debate proved that early on candidates often shoot wild & loose in desperate attempts to fight to be forerunner. In the spirit of George Washington I am a believer in one party: the country. I care not for party acrimony, mud slinging and yellow journalism that seems to pervade our 2 party system. Although I may not agree or sometimes even like certain politicians I respect them all and am deeply grateful for their sacrifices and drive to make our country better. With that being said, my candid insight on the debate and the Republican candidates.

10/18 Mimi Coffey Republican Debate Analysis:

1. Bachman: right about not wise to create another tax (Herman Cain's 999 plan). The government will let it spiral out of control once started. Soft intro, focusing on "too cutesy" (pandering Las Vegas lines about 'what happens in Vegas stays in Vegas' versus touting solid credentials) or being bold (necessary for female politicians lest they look soft or bitchy). Very impressive background of being a tax attorney with expertise in IRS regs. Rigid beliefs on immigration demonstrating a narrow world view. Mandate English only ? Seriously ? Not openminded. Thinks by talking about women & moms on the housing crisis she somehow is a leader. Foreclosures affect dads & men too. Playing the gender card here not effective. Wrong on Iraq hated us because of Obama, they have been hating us since time immemorial due to deep rooted cultural and religious differences. Blaming Obama for conflict in the middle east on the Israel question ? Same deal, only it's not religious or cultural differences. The Palestinian problem has been Israel's thorn forever. Obama is simply not willing to be Israel's puppet as the rest of the world disapproves of Israel's actions on the Mideast stage. Definitely a debater opportunist, just short on substance. Great insight on Iraq being a threat however. She proves women can war as seriously as men just as history proved: Catherine the Great of Russia & Queen Elizabeth. May the chauvinists shut up.

2. Herman Cain: love the idea of a successful business man mavericking as President. Interesting new tax plan, however not a good idea to start even more taxes. In answering legitimate criticisms on his tax plan he constantly attempted to take refuge in the line "comparing apples with oranges", not applicable however as Romney asserted with his bushel example. Short on the ability to critically analyze policy. Experience may be his big weakness. Intelligence may however make this a moot issue.

3. Romney: speaks out of both sides of his mouth. States the Mass. health care plan is great for the state but not for the country. He can't say what he really wants as the Republicans gate health care reform and therefore no straight talk on the most critical issue affecting our country outside the economy. Great speech on how religion should not matter in choosing your leader. Presidential presence. Great restraint in holding back when he really wanted to punch Perry I'm sure. Like that he was extremely successful in the private sector. Dislike his Wall Street mindset. TARP & bailing out the banks and Wall Street while they profited off the money and it did not make it back to the public is robbery. We need leaders who will prosecute Wall Street not bail them out.

4. Santorum: great analysis of how public policy is run. Good grasp on how government works. Looks like a good policy man. The guy that gets things done in the boardroom. A doer. Married, practicing Catholic (demonstrating he likes social integration and mainstream values) with 7 kids proves that. Young. A true fiscal conservative who has reformed welfare. Impressive ... He is not a convenient party changer. He is very sincere about his beliefs. The real deal whether you like him or not.

5. Ron Paul: great mind. Lacks leadership and charisma. Great outside the box thinker. Brilliant but the question remains can he inspire people and lead rather than formulate ? "The empire is broke." Best line in the while debate. Bring our troops home from Korea, Japan & Germany for starters . Germany has great social services funding because we pay for their military. Great point. Time for basic bookkeeping before the US goes bust.

6. Newt Gingrich: moments of charm yet speaks out of both sides of his mouth. Romney called him on his support of the American Heritage Foundation & his former position supporting Romney's health care while he attempted to deny until impossible to deny. Newt spouting religion & emphasizing it more than education? Seriously, embarassing. Got to hand it to him for stamina. Surprised he's still hanging on after all these years. As Speaker of the House his " Contract with America" fizzled out. Great salesman though in the style of a preacher.

7. Rick Perry: knows what to focus on: JOBS. Will call a spade a spade and won't back down (his tete a tetes with Romney). Passionate about his beliefs. Does not speak from both sides of his mouth. Proven economic leader with Texas as the nation's economy eroded (40% of all new US jobs in Texas). Needs to better explain his position of rejecting TARP rebutting Santorum's claims. Off topic, I find the way he stands (like a cowboy with back bowed out) cute and tough. The real question the pundits haven't asked is: Is the country ready for yet another tough Texan ?

Worthy candidates: Perry, Paul & Santorum

Best candidate to lead : Paul if he surrounds himself with an effective cabinet that can lead and carry out his brilliance. Lincoln created a cabinet of the best (Team of Rivals). Unstoppable progress from the country if Paul elected and he creates a power 'Team of Rivals.'

Realistic best candidate : Perry, not a Jimmy Carter type braniac like Paul but a charismatic (like Bush but much smarter) leader that will command and demand respect on the world stage.

Bless them all for their big hearts and vision.

Seeing the Adriatic, Learning the World

2011-06-20T07:03:00.002-05:00

My Adriatic Cruise June 2011: June 11-18, a 7 day Royal Carribean cruise out of Venice which included port stops : Koper, Ravenna, Bari, Dubrovnik, Venice (weather mostly in the 80s with a cool wind in the evenings)

What I love about Slovania: (Koper, Piran)

1. The tower at Koper: walked up the steps of a 13th century Roman fortress. Massive wooden beams crisscrossed near the top holding a series of 4-5 massive bronze bells of differing shapes and sizes. Took me back to Disney & images of the hunchback of Notre Dame in his Fransiscan brown monk robe hobbling up & down the stairs. Got to the roof and looked out over the panoramic vista views of the town with it's orange Mediterranean styled roofs stacked one upon the other and the pale light blue waters of the Slovenian Adriatic. Our ship the Voyager of the Seas looked like a modern white sky scraper amidst this town tower backdrop. It's huge daunting presence contrasting the modern world against the ancient. Looking down upon the town square I imagine a loud, bustling crowd of produce and fish merchants selling their wares centuries ago and women scurrying about with twine baskets gathering the necessities for the meal of the day to cook over iron cast skillets dangling over fires on the slate and dirt floors of their homes in medieval times : images and thoughts an American could never conjure on our native soils. 2. Piran: We have a Mediterranean seafood meal fresh to order along the coast of Piran as we sit outside in 80 degree weather watching the Slovenian locals and their happy spirited wet dogs trot along in their bathing suits. I see the joy of life on the faces of 70 year old men as if placards for a declaration of lives spent living simply and blissfully. I point to the picture of a pasta dish filled with clams to the waiter as he & I both ponder how successful a meal we shall enjoy with little communication. I try to say havala (thank you) and we laugh at my butchered attempt. Neil & I chuckle at how impossible our American accents are in even just pronouncing the waiter's name. The closest we come is an attempt at something like sunell but sunilla like Manilla proved much easier (although we never used this version on him). He brings out an appetizer of seafood pate and a dessert liquor on the house. I never knew that being on the Adriatic coast was like a North American South Beach in Miami, just far more serious ancient history and a cultural experience that makes Epcot ar Disneyworld look childish. 3. Neil discovers that a vodka tonic in Slovania is sweet and served with a lemon not a lime. He was convinced local tradition put sugar in it. My word to describe it was (albeit good) bizarre.

Travel Tips:

1. Book Delta straight to Venice. I got tickets though Alitalia thinking I would get the Italian experience flying over (& maybe better treatment & appreciation since it's cross continental) and it turns out it was all Delta . Tickets cost 4k too (booked 6 weeks in advance !) Even at those prices it was coach round trip and the very last row each way ! Neil & I tried to laugh it off to lessen the displeasure as we realized on the return trip our only view was the lavatory directly across me. I joked to Neil that we would be getting constant whiffs of peoples' not so finer moments and he reminded me that was not quite funny as Wipf & whiff are pronounced the same and he had to bare such jokes dating back to elementary ;) 2. Bring coins (dollar euros) to Bari so you can tip the Italian singers on the streets. Classic .. 3. When going to Italy invest in a professional camera (got my Nikon at Costco for $1k). That way you can truly capture the landscapes and night shots without losing resolution quality. Invest in a travel tripod that's sturdy (test it beforehand the one I brought turned out to have a broken leg). 4. Take the romantic couples gondola tour with the accordion player & professional singer. You get your own gondola, a bottle of champagne & they take your couple picture (unless you are traveling with friends or family it's damn near impossible to get shots of you together, a tripod not practical on a gondola). It's an experience of a lifetime. Count me a fan of Italian romance classics from now on. Hell, I'd like to even learn the Italian lyrics. You can't listen to them without wanting to clap your hands and break out in song. Happy music. 5. Make sure after the gondola ride you eat at a sidewalk cafe overlooking the canal (Rialto canal is your best shot). 6. Don't forget to save your receipts on purchases of items so that you can get a tax refund before you leave the country. 7. Tipping is rather different in foreign countries. In Slovenia & Coatia an expected tip is 10%. In Italy the 10% tip is added to the bill & it is customary to give the waiter 5% on top.

What I love about Italy list:

(Ravenna, Bari, Venice) 1. Much in the same vein that men appreciate the beauty of a Texas woman , I appreciate the efforts Italian men take at being presentable. They are svelte, extremely fashionably (their suits truly earn their high marks), they are naturally blessed with heads of thick dark hair they wear long and slicked back. I could not believe that from the ticket guy on the water taxi to the policeman and businessman walking the streets, it seemed like they all belonged in a GQ magazine. Single, unattached women : I advise you of your vacation spot ! 2. Although I'm not much for ice cream, Italian gelatto is the Cadillac of cold desserts. You can't call it ice-cream because gelatto is not cold milk. It is heavy cream with real dessert consistency (the tiramisu having lady finger cakes mixed in). Yes, it's cold but that is where the similarities end. Just looking at the whipped up tubs as you make your selection adds 5 pounds to the scale. Rich ........The Italians are supreme when it comes to the pleasures of life: food, shoes, fashion, romance , etc. 3. "Grazi" ,"Prego" - my god just saying these two simple words makes me feel Italian, even with my thick Texan accent. Their language is one full of energy (to match their talking with their hands.) It seems they add an "a" to the end of all their words. 4. Fashion no doubt ...Ferragamo, Louis Vuitton, Gucci, Versace just to name a few. Even the senior citizens here flaunt fashion. Older women sport fashionable scarves around their necks, men don their sharp, perfectly cut suits (even tour operators of which you would never see in the US). Looking in shop windows, I never got the feeling that I could buy more fashionable in the US. A big NOPE. 5. Espresso, need I say more ? It's an art here. So serious, often accompanied by a shot of water. The rich brown froth alone looks like art. 6. The architecture: the baroque churches, St. Mark's Square need I say more ? I literally felt my eyes well up with tears as I stood in the middle of St. Mark's Square speechless and moving my feet without realizing I was walking for 15 minutes. Sometimes art & architecture can powerfully move the soul (guess that's why so much of it js jn these ancient churches); however it is rare to find such an overwhelming collection of it in one spot. Even taking art appreciation at Baylor did not prepare me for this. This will go down as one of the most visually enriching experiences I know I will ever have. 7. The pizza, the pasta, ...what can I say? Not a disappointment . Proud of the chain Joe's Pasta Pizza in the US however. Refreshing to know when it comes to their tortellini and pasta dishes they do it right: old school. Cici's pizza ? Pizza Hut? Sorry, not so much. It's not Italian unless you see the actual tomato on the pizza.

What I love about Croatia: (Dubrovnik):

1. City walls: a whole city (old town) within a fortress. Marble among some of the ancient cobble stone floors, narrow alleys lined with shops & restaurants, the ability to walk up and down miles of stone city steps leading to panoramic views of the jade colored Croatian Adriatic Sea and white stone Mediterrranean houses steepling the mountainsides. I truly expected to see a war torn Yugoslavian country full of destroyed rubble and saw just the opposite. 2. The streets are neat. The Croatians are very tidy with their landscaping and gardening. I can't recall, seeing one house or yard not fully maintained. It was akin to driving through my reknown and respected Turtle Creek uptown neighborhood of Dallas. 3. You could see in the eyes of the locals their patience with the tourists and true appreciation of our presence. A very good hearted people despite centuries of wars that even spanned my lifetime. 4. Eating within the 5th century ancient city walls so charming and mystical is a necessity. Neil & I ate at the oldest local cuisine Croatian restaurant. We had a most delightful young 20 year old waitress from Bosnia-Herzogovenia. She prided herself in explaining how it was local cuisine ( I had mussels; Neil had some chewy fish with vegetables. Interestingly enough we had 2 chewy Adriatic fish experiences.) When Neil asked for a vodka tonic she could not understand his pronunciation of vodka (Really ? I thought this was a universal term) and she brought out a saucer of ice, a low ball glass with a shot of vodka and a bottle of tonic. Result ? Neil said it tasted "clean." 5. Found a perch alongside the famous city fortress walls overlooking the sea to smoke a cigar. Perfect thing to do after walking the walls( 3.5 hours and it was only half the walls). A darling Croatian calico cat popped out of nowhere to share the experience alongside me. Neil named it "Croatia the cat". 6. Apparently lavender & locally made candies are the treasures they pride themselves in marketing. Loved seeing the old people of the town selling in the town square market and playing native music dressed up in traditional costume on the streets. This is not a society that tries to shove their old people in a rest home. Here the value of old is sacred whether it's in history, architecture, tradition or their people.

Ship tips:

1. Book early, get a balcony room. It's the only way to go. Nothing like an early morning on the balcony drinking coffee taking in the sites of a new town as the ship pulls in. Nothing like returning to your room at the end of every evening to see the shimmering waves glisten in the moonlight as you soak in the rich cultural experiences of the day and puff on a cigar. 2. As soon as you board the ship go straight to the florist to get a bouquet of flowers to liven up your stateroom for the week. I got a gorgeous one for $35. 3. Try to eat the formal dinners as much as possible at your assigned table. We met the most delightful British couples in their 70s (avid cruisers always sharing tips with us). By our last night we were sharing table shots. Our waiters said we were the best table in the dining room and Neil & I truly grew to utterly adore these folks. Billy had me drinking Hobbs Manhattans one night and they were truly impressed with how this Texan girl could drink like the best of them (Billy being a former sailor. I'm a DWI lawyer, what can you expect?) We are truly going to miss them : Billy, Barbara, David & Lorene. They promised to fly from Liverpool if there was ever a wedding ;) 4. Skip the shore excursions. Most of them you can't stop to eat and drink the local cuisine and simply enjoy and interact with the people. Who wants to travel half way across the world to have your head glued to a headset of inferior quality of which you can't hear the tour guide anyway ? It's best to just get shuttle passes and explore the town on your own (We should have listened to our British friends before we booked the Bari tour). 5. Be a regular at the sports bar & cigar club. They always have the coolest people and it's nice to be able to know and wave at people as you go about the ship. 6. Bring a copy of your passport, the ship has to collect them one night and you need them to go into a foreign country. 7. The days of all inclusive are over. Bring plenty of money for alcohol drinks (sodas if you like), shuttle passes, tips (for the end of the trip to your staff as is customary) ship photos, money for specialty items (lattes, filet mignon dinners, specialty restaurants like Johnny Rockets & Portofino's). 8. On "at sea" days wake up at the crack of dawn to get 2 beach chairs or you will be out of luck practically all day. 9. Take your own self walking tour of the whole boat as soon as you embark so you don't miss out on some of the amenities. Neil & I never made it to the miniature golf the whole trip.

Favorite moments of the trip :

1. Venice: truly a magical town & everything it's cracked up to be. 2. Listening to Neil's fake Italian accent all week. I think he would be an easy walk on for a Saturday Night Live skit of Jersey Shore. 3. Winning roulette within 5 minutes of sitting down and playing 18 (my son Spencer's birthday, not that I'm a big gambler outside the courtroom. Gambling with people's lives is enough for me.) 4. Watching the Dallas Mavericks win the NBA championship a day late and with spotty satellite coverage in the sports bar as our bartender Rodrigo from Brazil made sure no one talked of the results (we purposely stayed away from the internet and our fellow travelers the Europeans could care less about the NBA). 5. Neil's "Mavs" bicep tattoo after (man were we celebrating) buying shots for the bar. 6. The towel creations our stateroom attendant Adriana would leave in our room. Adriana herself, a beautiful blonde, blue eyed 40+ year old Bulgarian woman who cleaned our room day and night. I never saw her without a beaming smile from ear to ear. From the moment we got to our room she knocked on the door, introduced herself and went out of her way to send us off with a smile on most mornings. On the last night, on a happenstance meeting out in the corridor, she asked me if I had kids. I explained I had four and a great mom that helps me. I then found out she has 2: ages 18 & 12. She sails 7 months of the year to make money as a single parent to send home to her kids because the Bulgarian economy has very few good jobs (our dinner waiter Antonio from Bulgaria has a master's degree and speaks 8 languages) I could see the pain in her eyes and I am reminded of the great depths a parent will go to provide for their kids. Suddenly all my long work weeks in the pursuit of justice seemed small sacrifices compared to Adriana. Adriana is a true hero in my book. 7. Our British dinner mates: Barbara & Billy, Lorene & David (Barbara & David being siblings from Liverpool in their 70s). 8. Moments when the saucy girl from the Caribbean would give Neil & her coworker a difficult time as Neil would routinely get his morning coffee (she even had whipped cream on his coffee after he protested 3 times, hilarious for anyone who knows how diplomatic Neil is). One morning she accused her small Columbian coworker of not being a man because he had difficulty with a lid.

What this trip reminded me of that I love about the United States of America:

1. Americans don't cut in line. They say excuse me if they accidentally bump into you. 2. American men are the most gallant in the world. They open doors for women. They help women with their luggage, bags, etc. They even help surrounding women on & off buses,trains, boats , cars & automobiles. 3. Hard work pays off. We tip 20% and the waiters are not ashamed to get it. I can't believe the gondola professional singer tried to reject my tip for a great experience. In Slovenia the waiters whip out your change only accepting 10% due to what they call "service with a snarl." The lingering Communist history has raised these people to disavow the enterprising spirit to make a profit. Sad. It explains why Greece has gone belly up twice since the European Union started. It is amazing to me how Socialism & Communism promote low self esteem and laziness. What's so noble about societies that opt for handouts versus hard work ? It's the same reason why the American people said no to bailing out the banks. Too bad Washington is run by lobbyists. 4. Ice !!!! After a week of chilled but not cold water and virtually no ice, I'll think twice before ever thinking a drink has too much ice. 5. Free community bathrooms. Neil spent 15 minutes searching for Venice's public toilets then had to pay $3 to use it with no air conditioning, where he had to squat with no lid. 6. American airports. Can't believe I had to show my passport 3 times to get on the plane from Venice to Atlanta. I'm thinking, the Italians are serious about creating government jobs for its citizens. 7. Glad Americans (fish to water) insist on bathing at least once a day, even if the Europeans are more fit, smell discriminates not on size. 8. American sports: NBA, real football. There is only so much cycling, Formula 1, tennis, and soccer I can take (which were the sports showing at the sports bar). One Irishman remarked to Neil he was the only man in Ireland who knew American basketball. Neil later remarked he actually knew nothing about it all. This same Irishman talked about darts being a sport on tv in Britain. It was a sparse handful of Americans who gathered around the bar when they replayed game 6 of the NBA final. Surreal for me being the Mavs fan & former 6 season ticket holder that I am. 9. Of more particularity to Texas, although I love the holy crap {everything is blessed & Catholic in Italy ;)} out of all things pasta in Italy (of which they have over 300 types) I can not truly imagine subsisting without true blue Tex Mex. (Neil actually mentioned this one before me.) It's the first meal we are having when we return.

In conclusion, one beautiful sunny afternoon as I smoked my cigar on the balcony overlooking the indescribably gorgeous Adriatic Sea listening to my iTunes these words from an 80s Toto song struck a chord : "Some people live their dreams, some people close their eyes, some people's destiny passes by ....There are no guarantees, there are no alibis...." To use Toto's words "I live my dreams, I don't close my eyes, I make my own destiny & therefore it does not pass me by." To all my friends and family go cruise and live your wildest dreams while you can. Experience the world. Tomorrow is never a guarantee ;)

Why blog travel ? "Though we travel the world over to find the beautiful we must carry it with us or we find it not." Emerson For me, I carry it with my in my mind and soul.

Mimi Coffey, Sr. (as recollected on June 18, 2011on a transatlantic flight back to Atlanta then Dallas)

Mimi Coffey's Reading List

2011-01-29T08:28:00.008-06:00

Mimi Coffey Reading List

Mimi Coffey's 2007/2008/2009/2010/2011 Reading List

My favorite thing to do outside of work is read. I am always too busy working, but I have always said that my ultimate vacation would be to spend 2 weeks from sunup to sundown in either of the Dallas or Fort Worth public libraries so that I could read nonstop breaking with a host of different literary diversions. My favorite thing is news: I am an avid reader of the New York Times and cannot live without the Sunday edition. I go through each week's Time magazine in about an hour. I supplement this with watching a taped version of Keith Olberman's Countdown Monday through Friday. Just give me cold, hard facts, no spin… My favorite books are on the lives of our Founding Fathers. To understand those who formed this country and its constitution gives me the inspiration and guidance I need to carry on with those principles as I seek justice through the law to help others. Here is a list of books I have completed this year. The astericks mark my favorites. They are close in order to how they were read. Before television and radio, the intellects of generations past prized their books and shared their reading lists. To understand the books one reads is to have a window to their soul. Most of the Founding Fathers read the classics, I read them in turn as classics. Here is a bird's eye view to my soul and required reading for my children in their adulthood (and hopefully my descendants) if they are to understand diplomacy in whatever walk of life they should so choose:

Reading List 2007:

1*Joseph Ellis: Founding Brothers-the Revolutionary Generation. Pulitzer Prize Winner
2.Joseph Ellis: Passionate Sage: the Character and Legacy of John Adams
3.Joseph Ellis: His Excellency: George Washington
4.Joseph Ellis: The American Sphynx: the Character of Thomas Jefferson
5.Richard Brookhiser: Alexander Hamilton, American
6.Thomas Fleming: Duel: Alexander Hamilton, Aaron Burr & the Future of America
7.*Nancy Isenberg: Fallen Founder: the Life of Aaron Burr
8.Walter Stahr: John Jay
9.*H.W. Brands: The First American: Benjamin Franklin , Pulitzer Prize finalist
10.Richard Brookhiser:Governeur Morris: the Rake Who Wrote the Constitution
11*Craig Nelson: Thomas Paine: Enlightenment, Revolution and the Birth of Modern Nations
12.Jeff Broadwater: George Mason: Forgotten Founder

Not only have I derived factual basis to understand our laws, these books have brought to life in my mind the cities of Philadelphia, New York, Paris,Boston, London and Washington D.C. as they existed in those times. It is with great excitement that I look forward to visiting (& revisiting for some but now with new knowledge) these cities to see monuments and tombs of those I most admire. Cicero once said: "Not to have knowledge of what happened before you were born is to be condemned to live forever as a child." Long live democracy through all it ugly aches and pains. – Mimi Coffey, Sr.

Mimi Coffey's 2008 Reading List
*1. General and Madame de Lafayette: Partners in Liberty's Cause in the American and French Revolutions by Jason Lane
*2. Samuel Adams: Father of the American Revolution by Mark Puls
3.A Son of Thunder: Patrick Henry and the American Republic by Henry Mercer
4. James Madison: The Struggle for the Bill of Rights by Richard Labunski
5. John Hancock: The Picturesque Patriot by Lorenzo Sears
*6. John Marshall: Definer of a Nation by Jean Edward Smith
7. Patriot Pirates: The Privateer War for Freedom and Fortune in the American Revolution by Robert H. Patton
*8. Boone: A Biography by Robert Morgan
**9. The Great Upheaval: 1788-1800 by Jay Winek (my favorite book covering the Founding Fathers period thus far, very well written and hard to put down)
10. American Creation by Joseph Ellis
11. American Lion: Andrew Jackson in the White House by Jon Meacham

2009 Reading List
1. Matthew Lyon "New Man" of the Democratic Revolution, 1749-1822 by Aleine Austin
*2. Rochambeau by Arnold Whitridge
3. Financial Founding Fathers by Robert E. Wright and David J.Cowen
*4. Two Fighters and Two Fines: Lives of Matthew Lyon and Andrew Jackson by Tom Campbell
5. Jefferson THe Scene of Europe 1784-1789 by Marie Kimball
6. 1776 by David McCullough
7. Revolutionary Characters by Gordon Wood
8. (Obama is a Founding Father on his own terms, hence his acceptance into my reading category) Dreams from my Father by Barack Obama
9. Forgotten Patriots by Edwin G. Burrows (the untold story of American Prisoners duringi the Revolutionary War)
*10. Adopted Son:Washington, Lafayette, and the Friendship that Saved the Nation by David A. Clarey

2010 Reading List
* 1. Undaunted Courage (the Lewis and Clark expedition) by Stephen Ambrose
2. The Intimate Lives of the Founding Fathers by Thomas Fleming
3. Libery to Lucy Moore (the Founders were influenced by France, this is a book on the French Revolution)
4. Signing Their Lives Away: The Fame and Misfortune of the Men Who Signed The Declaration of Independence by Denise Kiernan & Joseph D'Agnese
5. The Traitor and the Spy: Benedict Arnold and John Andre by James Thomas Flexner (no doubt Benedict Arnold would have been a huge Founding Father due to his military successes had he not lost his way, a sad tale on how he became a traitor)
6.Travels in North America in the years 1780-1781-1782 by The Marquis de Chastellux (fascinating to see the new America through the eyes of a French nobleman who fought our Revolution and was friends to everyone powerful at the time from Washington, Sam Adams , Thomas Paine to Madison...just proves that birds of a feather truly flock together)
7. Franklin and his French Contemporaries by Alfred Owen Aldridge 1957 New York University Press: great insight on how the French was influenced by Franklin and his attachments both scientifically, philosophically, diplomatically and socially with them. Amazing to know the French as a whole value Franklin even more than Americans.
8. The WOrks of Dr. Benjamin Franklin consisting of Essays, Humorous, Moral, and Literary: with his Life, Written by Himself, a rare book printed in 1835

2011 Reading List
1. The Private Franklin: The Man and His Family by Claude-Anne Lopez adn Eugenia W. Herbert 1975
2. The Secret Loves of the Founding Fathers by Charles Callan Tansill
3. Revolutionaries by Jack Rakove
4. The American Revolution 1763-1783 by William Edward Hartpole Lecky, M.P. arranged and edited by James Albert Woodburn, copyright 1898. This was a very interesting book as it is the American Revolution seen through the eyes of a British historian. Amazing to study our country's founding through this perspective. The British made way too many wrong assumptions and blunders. Had it not been for these, like Canada we probably would have remained British for a very long time.
*5. Aaron Burr: The Years from Princeton to Vice President, 1756-1805 by Milton Lomask, a great book on understanding how the natural cycles of politics work
6. A Magnificent Catastophe (the tumultuous election of 1800) by Edward Larson 2007, 2 valuable lessons from this book: 1) No way was Aaron Burr ever a traitor, he could have cinched the 1800 election easily and despite the tie vote did not for the good of the party (no wonder he was later found Not Guilty of treason in the western conspiracy). This proves that good character always pays off particularly in politics. 2) John Adams was hated by his own Federalist party for not declaring war on France when the country could least afford it but is respected for it now. Always do what is right in the situation, not what is politically expedient.
7. The Founders on the Founders by John P. Kaminski, a very interesting book on how the founders of our great country viewed eachother in their own words as found in their letters and writings
*8. Jefferson and Hamilton by Claude G. Bowers, 1925 Houghton Mifflin Co., so well written that you feel as if you are a fly in the room as Bowers takes you back in history and you witness so many great Founders in their bravery and wisdom as they interact between Hamilton and Jefferson. A true depiction of the genius of both of these two men.

2012 Reading List
2012 Reading List*1. Stevens Thomson Mason: Misunderstood Patriot BY Kent
Sagendorph. Turns out he was the grandson of the first Stevens Thomson Mason of
Virginia who fought for freedom of the press when Congress voted to forbid
printing of the controversial Jay Treaty. This Mason was the boy Governor of
Michigan. An incredible story. He led the charge for Michigan to become a state,
built railroads and personally would rode around the state helping people when
cholera broke out and many people died. He truly loved Michigan and did
extraordinary tasks while it was still a wild west territory.

New Year's Eve Advice

2010-12-28T16:40:00.000-06:00

New Year's Eve, Know Your Rights !by Mimi Coffey
New Year's Eve is around the corner. Important news ! If you have been drinking and get pulled over remember your rights:

1. Pull over immediately. Provide dl and insurance.

2. Don't talk, don't answer questions. Politely tell the officer you will not be answering any questions.

3. If asked to step out of the car, step out.

4. Unless you are an athlete with perfect balance inform the officer you will not be performing tests (they are circus acts designed to take you to jail).

5. Refuse blood tests (as they ferment) and if you have had more than 1 beer refuse a breath test (as they are inaccurate).

6. Know that you are being videotaped at all times. Say nothing under any circumstance.

7. Unless receipts will help you, throw them away before getting in the car.

8. Keep a lock on your cell phone as cops will try to read your text messages. Save your texts and call logs particularly if this contributed to bad driving. (Better yet, don't text and drive !)

9. If you are carrying alcohol put it in the trunk.

Police have turned to crucifying all responsible social drinkers, it is no longer just about getting the true DWI. Until scientific changes are made it is best to do nothing.

*Always be polite with the cop. Never lie to a cop, just don't answer questions or volunteer information. No matter how "nice" you are to a cop or no matter how much you think "cooperating" will help you KNOW THiS: IT WILL NOT !!! You are just acting foolish. Be wise and protect yourself. This is America, your private business and how you spend your time and who with is your OWN business. The whole system from the moment they approach your car, to the skewed testing and flawed chemical tests are designed to convict you and make thousands upon thousands of dollars for the state. Don't be a fool. Don't play the game. Most importantly, if you have had too much to drink and you are intoxicated please do not drive. It is a nightmare worse than you can imagine regarding the stress, humiliation, inconvenience and forever being branded a criminal that can affect everything in your life to obtaining housing to employment.

Ameria, The Land of the Free ?

2010-06-29T14:09:00.002-05:00

America, The Land of the Free ?

As the 4th of July rolls around. Now is as good a time as any to reflect on our freedoms and what this country was based on. Europeans think Americans are stupid. They literally have tv documentaries that showcase America’s bizarre outer edge eccentricities. DWI field tests (walking a 18 heel to toe tightrope exercise and holding one’s foot in the air for 30 seconds without being able to use your arms for balance) is a concrete example of American lack of intelligence. No other country in the world uses these foolish tests to determine if someone is intoxicated except Great Britain and already their scientific peer review community has rejected the lack of scientific validity to these “tests”. The fact that one American jury after another across the country convicts someone on the basis of these “tests” is proof Americans are not thinking smart. Yesterday I tried a case in which my client was asleep in a private marina in his car and by the time the police got there his car was turned off. Yet he was given the circus tests, they could not prove whether or not he was drinking a nightcap in the car (meaning his alcohol level at the time he took a breath test did not reflect whether or not he was intoxicated when the police arrived), nor could they prove he was operating the vehicle (driving) for its intended purpose on any reliable testimony , and lastly he was not in a “public” place yet the jury convicted him anyway and in a swift 30 minutes. Dumb ? Sure, all this does is encourage people to risk driving home because pulling over and doing the safe thing will get you convicted. You would think the prosecutors would be smart enough to realize this public policy import but we can’t even give them any intelligence points either.

It really frustrates me that in America, “liberal” is a dirty word. Every American by definition should be liberal, we founded this country on the liberal notions of freedom and that freedoms should not be intruded upon. Yet in today’s age, our lawmakers continue to take away our freedoms (you can’t even drink alcohol in a parking lot with the car running). Live and let live unless one does harm to another is the definition of being a liberal. Yet, we have lived since the 1960s in a political time frame obsessed with regulating everything (eg. 7 words you can’t say on tv). For example, in Sweden there are no limits on words that can or cannot be said on tv and their court fines are scaled to one’s income. Here, court costs and fines (as in DWI cases) are dished out regardless of one’s ability to pay. I have a Swedish friend whose whole graduating class took a field trip to a natural spa and everyone (men and women) jumped in naked with no one being offended or concerned at all. Here, that would be on CNN Headline News and everyone would be arrested. America is NOT the land of the free. One out of every 5 people in te world incarcerated are Americans (more than in most 3rd world countries, and you just thought you were afraid of getting thrown in jail in Mexico?) America will regulate you to death and restrict every freedom you thought you had. I am proud to be an American. I am just sad to see that it not the land of the free as it was envisioned to be since the Declaration of Independence. On an intellectual plane we have turned into the laughing stock of the western civilized world. Texas (one of the largest textbook buyers in the US and hence many states follow their choices and curriculum leads) continues to fight the teaching of Darwin evolution in science textbooks and now Intelligent Design (world was created in 7 days, really ?) has equal space. The Christian conservatives have even managed to remove Thomas Jefferson from the history books as a great revolutionary leader because he coined the phrase “separation of church and state” to be replaced by Calvin Thomas and other religious leaders. Freedom of thoughts, ideas, beliefs ? Hardly.
I am doing what I can to change this tyranny as a criminal defense lawyer and defender of constitutional and statutory rights, but change must come from within: voters, jurors, judges, elected politicians.Hence, my current report card. You can’t change the world until the world is ready for change. We are long overdue. We need to get back to the visions of our forefathers who fought British tyranny and created a free country where rights are king. Time for us to start appreciating the meaning behind “liberal”. “Conservative” has turned into a modern doctrine that excuses the usurpation of freedom, liberty and progress.

Post note on Freedom when it comes to getting fair trials on breath test cases : Unbelievable. Here is the official position of the International Association of Chemical Testers and the federal government as stated in the position paper of Feb. 2009 of the National Safety Council Committee on Alcohol and Other Drugs as pertains to releasing the source of breath test devices:

"It is the position of the National Safety Council Committee on Alcohol and Other Drugs that access to the Source Code of the software of an evidential breath-alcohol analyzer is not pertinent, required, or useful for examination or evaluation of the analyzer's accuracy, scientific reliability, forensice validity, or other relevant characterisitics, or of hte trustworthiness and reliability of analysis results produced by the analyzer. These matters can be and have been fullyl assessed and examined by mulitple other well established and recognized methods and procedures in common use worldwide; and many other adequate and appropriate means exist to challenge evidential breath-alcohol analysis results."

Right, how about I program a breath test device and refuse to ever release its source code. Seriously ? Why would anyone ever blow into the machine ? Until the source code of all breath test devices are revealed and subject to peer review no one can get a fair trial. Yes, hard to believe we are living in Nazi controlled conditions in 2010 and we call this country America.

Courtroom Science Used to Convict a Joke

2010-03-29T16:52:00.001-05:00

Courtroom Science Used to Convict a Joke
The following is an article printed today in the Boston Globe on the poor state of science used to convict in courtrooms. I have been harping on this for years (my undergraduate degree has more hours in hard core sciences due to my Geology minor- which I have more hours than my major). Intoxliyzer 5000 breath testing: unacceptable. The margin of error is at minimum 50%. Blood testing with "grey top" test tubes (the ones used for forensic purposes and courtrooms): unacceptable (they do not contain an antifungicide which prevents alcohol fermentation. I am glad that at least one federal judge out there is doing something about this travesty being perpetuated on our own citizens. One day, I have 150% confidence breath testing will be obsolete and blood testing will have different chemical compounds in the test tubes to prevent fermentation, until then..... read on friends:

US judge urges skepticism on forensic evidence
Gertner says she’ll expect defense lawyers to challenge its validity
By Jonathan Saltzman, Globe Staff | March 29, 2010

“CSI’’ may make for gripping television, but US District Court Judge Nancy Gertner says forensic evidence isn’t everything it’s cracked up to be.
In a move that some legal scholars said may be the first by a federal judge, Gertner has ordered defense lawyers and prosecutors not to assume that evidence routinely accepted in the courts for decades is reliable. Defense lawyers, she wrote, should vigorously challenge fingerprints, bullet identification, handwriting, and other trace evidence, and prosecutors should be prepared to show it is valid.
“In the past, the admissibility of this kind of evidence was effectively presumed, largely because of its pedigree — the fact that it had been admitted for decades,’’ Gertner wrote in a March 8 order. “As such, counsel rarely challenged it, and if it were challenged, it was rarely excluded or limited.’’
That needs to change, she said. A critique last year by the National Academy of Sciences, she noted, concluded that forensic evidence used to convict thousands of defendants for nearly a century is hardly the infallible proof of police procedurals on television. Too often, the study found, it is the product of sloppy practices that should be improved and standardized.
Spurred by the report and criminal cases she has presided over, Gertner wrote that the validity of such evidence “ought not to be presumed’’ and that defense attorneys should contest it at pretrial hearings, or explain why they do not. She will allow the evidence to go before a jury only if it meets sound scientific principles.
Defense lawyers and advocates for people who have been wrongly convicted of crimes welcomed Gertner’s order.
“It’s a wakeup call not only to other judges and to prosecutors but frankly to defense attorneys who for years — despite the rising tide of scientific reports indicating that many of the so-called tried-and-true disciplines were not in fact so true — rarely did their homework to mount serious challenges,’’ said Peter Neufeld, a cofounder of the New York-based Innocence Project. The nonprofit group uses DNA evidence to exonerate wrongly convicted prisoners.
Neufeld, who testified before the panel of scientific and legal experts that produced last year’s report on forensic evidence, said a recent study he co-wrote for the Virginia Law Review found that flawed forensic testimony contributed to 60 percent of 137 wrongful convictions later overturned through DNA evidence. That makes misapplied forensic evidence the second-leading cause of wrongful convictions, behind eyewitness misidentification, he said.
A spokeswoman for US Attorney Carmen M. Ortiz of Massachusetts declined to comment on Gertner’s order.
Jennifer Mnookin, a professor at UCLA’s School of Law and leading scholar on expert and scientific evidence, said she was unaware of any other federal judge who has issued such an order, although judges have refused to let shaky scientific evidence go before juries after pretrial hearings.
Mnookin said forensic testimony is highly persuasive to juries but that the February 2009 study by the National Academy of Sciences, the nation’s most prestigious scientific body, underscored that the evidence often does not meet the basic requirements of good science.
She said, for example, that fingerprint experts often make extravagant claims on the stand, such as that a latent fingerprint recovered at a crime scene could only have come from the defendant and no one else in the world.
Gertner, who is generally popular with the criminal defense bar but viewed skeptically by some officials in law enforcement, has long been critical of such claims.
In 1999, she held that a handwriting expert could testify to similarities between handwriting samples but not give an opinion about whether the same person wrote both notes. Six years later, she issued a similar ruling concerning ballistics, blocking a Boston police sergeant from testifying that marks on shell casings proved they came from a recovered pistol and no other firearm.
In recent years, the reliability of some forensic evidence has been attacked because experts misinterpreted it or because the science behind it was discredited.
In 2004, for example, the National Academy of Sciences issued a report discrediting the FBI technique of matching the chemical signatures of lead in bullets at crimes scenes to similar bullets possessed by suspects. The FBI discarded the technique.
Also in 2004, a prison inmate, Stephan Cowans of Roxbury, was exonerated in the 1997 gunshot wounding of a Boston police sergeant after law enforcement officials acknowledged that a thumbprint on a glass mug found near the crime scene had been misidentified as his. In the wake of the blunder, the city shut down the police fingerprint unit until it was overhauled.
John H. Cunha Jr., a Boston lawyer who failed to persuade the state Supreme Judicial Court in 2005 to bar fingerprints analysis from being presented in all state criminal trials until it was subjected to rigorous scientific scrutiny, said he hopes Gertner’s order means judges will be more vigilant about letting juries hear forensic testimony.
“Just because something’s been around for a hundred years doesn’t mean it’s reliable. Astrology has been around for centuries,’’ he said. “The stakes are too high in our society to be using junk science and putting it before juries which think that it’s gold.’’
Jonathan Saltzman can be reached at jsaltzman@globe.com.

Modern Jurisprudence

2010-03-24T08:09:00.003-05:00

Modern Criminal Jurisprudence

My report card on the judicial system that the Founding Fathers came up with ? Very discouraging in modern times. There is an attitude in the air of guilty until proven innocent. This is not just with jurors but with prosecutors. Rather than look at a case (as our law has designed to seek justice affording all constitutional and statutory rights to the citizen accused) to see if there is probable cause for an arrest, or guilt beyond a reasonable doubt to convict, I am constantly faced with people who cannot accept or understand the way our judicial system works. Tarrant County, Texas, the 2nd most conservative county in the United States, is not the bastion of justice I wish it could be. I constantly argue motions to suppress where there is a reasonable doubt as to whether or not a police officer had reasonable suspicion or probable cause to initiate an investigation and find that judges are thinking just the opposite (not looking for reasonable doubt but for ways to negate the reasonable doubt). They (my own professional opinion of course and not all judges fit in this category) readily dispose of the reasonable doubt that looks them in the eye and scramble for "fillers" that are just not legally relevant to the facts at hand (courts are constantly opting for "time and place" nonsense on traffic stops because no real violations of law exist.. just because it is late at night does not mean my client should be pulled over for no reason !). What is even more discouraging to me are the prosecutors who despite seeing evidence or reasonable doubt that someone is not guilty press forward anyway due to political "office policies" in place when the law requires they seek justice and not convictions. What used to be sacred, asking a fact witness whether or not someone is intoxicated has become a joke as prosecutors object to such relevant information in court and essentially intimidate witnesses who will testify to the truth. My last DWI trial (all a matter of public record) involved a state subpoeaned witness who told me she was literally sick before testifying because she had made it clear that my client was sober and the prosecutors just were not having it. They objected when I asked her on the witness stand as to her opinion of intoxication (based on all the evidence). Sickening. When prosecutors want to win so bad they will do anything in trial (despite the truth and justice of the facts) it makes you wonder how they got to be lawyers in the first place or what kind of parenting did they receive ? Where have all the ethics gone ? Just as bad ? Jurors who refuse to look at the truth because they think it is their job to convict. This "Law and Order" "Tough on Crime" mentality some people have these days makes laws and constitutional principles nonexistent. Many of them only recognize and value constitutional rights when it is too late, when it is them on the hot seat- otherwise they would rather sacrifice rights for temporary safety. Benjamin Franklin once remarked that those who are willing to sacrifice rights and liberty for temporary safety deserve neither.

My how far we have come. In the days of modern conveniences and information readily available, we find our forefathers smarter on the sacred principles that matter. Many jurors do not understand, until it is them, that what police officers say on the witness stand (more frequently than not) is a playscript out of their DWI police report training class full of "typical descriptors". Many jurors do not understand that what essentially in a cop's mind serves as "embellishment" of the truth as they see it, is really just the opposite: nonexistent ! Just because a cop says someone is swaying and clearly they are not, does not make it so !

Well, Europe has largely moved away from a jury system. They don't believe average intelligence people are smart enough to make legal distinctions and determinations of law and facts. Europe also has trained judges for the particular subject matter. It is disturbing we elect judges with nonscientific backgrounds and expect them to make proper rulings on breath and blood test cases. And who is providing judges DWI training in the State of Texas ? Texas DPS ! Yup , the large governmental agency that receives a minimum of $3k for every DWI conviction to put in the slush fund (at one point designated to fund the Texas Transcorridor highway project). Moral of the story ? It's not good for society when the government lies. It perpetuates injustice. No wonder jurors convict without moral misgivings of conscience, our own highway signs say "Drink.Drive.Go to Jail" and that's not even the law !!!! Citizens are led into believing government lies and make the ends justify the means throwing law right out of the process. Solution ? Let's elect people who will hold the government accountable and not lie to the people. Attorney General Greg Abbott should have already had those incorrect signs funded by our taxpayer dollars taken off the highways. After all, he is challenging the Health Care Reform that just passed because he claims it is unconstitutional. Let him first start with our DWI laws ! (the highway signs, the illegal and double jeopardy surcharges, equal protections claims of classifications of crimes where murder defendants are afforded more right than first time DWI offenders). We also need to reward prosecutors who do the right things. They are the ones who should be receiving awards at local VFW and community dinners. Let's hold the prosecutors who are unethical accountable. Their actions deserve to see the light of day. Their actions speak for themselves. Let them defend their lack of respect for what's right. The judges that do uphold the law deserve our respect and praise. Let's stop endorsing judges that don't have this spirit. It's not that they are bad people, it's just that you can't take sides when you are a judge. Our modern day judges who can't seem to separate "Tough on Crime" politics from their jobs need to quit and work for the DA's office.

I have been practicing law for 15 years, long enough to understand the modern jurisprudence trends and it is part of my job to speak up for what is right. I regretfully lament the "Guilty at all costs" environment that I constantly find myself in. Time to go back to 1776, the Sons of Liberty, and remember that we broke away from a tyrannical monarchy because we believed in notions like "innocent until proven guilty" and "beyond a reasonable doubt." I love my job and its challenges. I just think that what's currently happening in modern jurisprudence is sad and history will judge as dark and unenlightened days. Doing my job to stop the train of injustice and sincerely hope for future generations it will be easier. We just need to bring back the hopes and spirits this country was founded on.

Sarah Palin-Americans Are Not Quitters

2009-07-05T13:31:00.001-05:00

Sarah Palin- Americans Are Not Quitters

Sarah Palin announced July 3rd that she was quitting the Alaskan governorship 3 years into her first term. She said she was answering a "higher calling." She released a statement on July 4th condemning the media as acting predictable and holding her to a double standard. Enough already, please stop. Sarah, America does not love quitters. We all need inspiration to get through the daily grind; you are not motivating anyone to take on any challenges. The only "higher calling" most of us appreciate is finishing the job ahead of us to the best of our abilities.

Here is my take on Sarah. She is ambitious, beautiful, smart and is to be commended for loving family and being somewhat of an example for modern woman careerdom (not that I care for distinctions between men and women). She took on a major challenge of campaigning as a Vice Presidential candidate with both grit and aplomb (although extremely unpolished for example, claiming Obama hung out with terrorists). She did all this with an infant in tow, a challenge most women could never live up to. For her efforts and completion of campaigning wholeheartedly for a race she is to be commended. Not being able to name a single newspaper that she read when asked by Katie Couric and not knowing the Bush doctrine just proves she is no academic but America is a people who are always willing to give second chances and reward those who pull themselves up by their own bootstraps. America loved her guntoting, avid hunter and "you betcha" straight talk, her physically attractive, edgy version of the modern politician. What Sarah was not willing to recognize is that the Founders created this country on religious freedom and a separation of church and state. The majority of us cared not for her frequent references to her faith and God, much less the youtube videos of her getting witches cast from her as she prayed and stood before a congregation. When you live by the sword you die by the sword. How can she tout abstinence when her teenage daughter gets pregnant. It's just all hyprocritical. Had she kept her faith out of it, no one would fault her for the actions of a teenage daughter. Had she kept her political views on hot topic issues such as abortion to an intellectual deference that people should have some room for private decisions that even the US Supreme Court recognizes; America could have judged her solely on her ability to lead and her stamina for such a job. Leading is not forcing one's personal views (unless they are of openminded tolerance such as this country was based on) on everyone else. Leading is not taking your cues from the Bible (that more than 2/3rds of this world's population gives no credence to) and most importantly leading is not quitting when it gets 'hot in the kitchen' so to speak.

I may not be a Vice Presidential candidate, but as a modern, hardworking woman who cares about America and mother of 4, maybe she can take some of her cues from normal Americans like me. Her father was a schoolteacher and her mother a school secretary yet despite her upbringing and desire for political leadership and a journalist degree she's no real reader ? I came from two high school dropouts with one of my parents learning to read and write English the same time as me and yet every since high school and to this day, I have always subscribed to at least 2 news sources despite the majority of my college hours in my minor- a science, Geology. You can't persuade people, understand people, or know the real issues that are important to people without compulsive reading. How did she get a journalism degree without acquiring a lifelong affinity to reading the news ? (Her response on an international affairs question is that she could see Russia from her house ? Are you kidding me ?)

Hard work. She is not available at work to meet with Alaskan legislators because she is away at her home in Wasilla frequently ? Millions of men have sacrificed precious family time due to the earnest and sincere hard work that is required of their professions, much less the leadership requirements in governing a state ? I have 4 children but almost never make it to their school events, it's hit or miss on their open houses, and rarely know their teachers by face. However I make up for this by emails, notes, cards, and support in other ways for both their schools and my children. I can't just tell a judge we are going to have to start a trial 3 hours late so I can make it to my kid's award ceremony. If I had to take a vacation day for every kid's event I would have my clients and judges furious with me and not accomplishing much with true effectiveness. Women should not claim special exceptions because of their gender. Every since the day I got sworn in as a lawyer and decided to give it my 100%, I knew that there would be personal sacrifices. The world needs talented people who are willing to sacrifice for the greater public's good. When you hire a lawyer, when you elect a governor, you expect to receive that person's best efforts and school programs and open houses are no exceptions. It's about being honest. Don't play ball if you can't make it to practice- this applies to everything from running your own plumbing company to being the President of the United States (if W had taken the time to read those CIA briefings on suspected terrorists taking flight lessons instead of all those vacations at Crawford Ranch we'd probably avoided 9/11). True leaders make personal sacrifices.

Criticism. Palin wants to whine about the media in the wake of her quitting. Waa waa. She should be over this by now. True leaders forge ahead despite painful criticism. She should be over the learning curve by now. She should have gotten over that by the completion of her first term as Mayor of Wasilla. I remember when I first started doing national news legal annotating, I received painful criticism (being called a slut, whatever that has to do with legal commentary !) from a fellow lawyer in New York City. I made the mistake of calling him up directly to tell him what I thought. Never again, call it the learning curve. True leaders know that you can't please everyone all the time. I respect the fact that people are so passionate they will write hateful things about you and disagree vehemently. That's what makes Americans great. That's what spurred the Boston Tea Party. We are a people that values freedom of thought, association, and religion. When people disagree with me, I'm at least pleased to know they sincerely care about their topics of concern. Smart people are always willing to listen. I have learned after jumping into the national media world that even people I violently disagree with such as Bill O'Reilly and Rush Limbaugh deserve my thanks for their efforts. It's not easy getting out there and arguing causes of which others disagree with you on. I just thank everyone out there who is making an effort at making America a more informed nation. Sarah ought to know that the best things in life come with great pain. You work hard, don't sleep, live off lattes and put something out there for the benefit of your fellow man and don't expect to be thanked (ask Abraham Lincoln, George W. Bush, etc). You get to a level where your contributions are needed but because you are the one contributing you will always be derided and criticized instead. I remember when I first started speaking (giving speeches at seminars and spending countless hours preparing the written materials and writing nationally published articles that require more work than ten trials combined) I valued the speaker evaluations. Then it got to a point where I spoke frequently all across the nation (always with no pay, and expending loads of my time and energy just in an effort to raise the bar and help fellow lawyers) only to come back to Texas to make the same presentations to my fellow Texans who are so jealous they can hardly contain themselves in their evaluations with no thanks or appreciation whatsoever for the novel materials or hard work. (Whoever said Texans aren't male chauvenists never lived in Texas, maybe that explains why there are so few successful female defense lawyers in Texas... I'm trying to change that for people like my daughter and the chauvenists' daughters...). Although it's enough to make you want to burn those evaluations and swear off ever speaking or helping your fellow lawyers again you realize that the majority of your colleagues appreciate your hard efforts and need your help so you forge ahead remembering that true leaders do the right thing not the easy thing. It makes me value my President's Leadership award in the Texas Criminal Defense Lawyer's Association for the past 2 years that much more. A leader does things to help people and knows that extreme jealousy, hatefulness and obstructionists will always try to block your path. You just keep going. It's just like Vince Lombardi said "Leaders aren't born, they are made. Winners never quit and quitters never win."

Sarah, you must understand that the rewards for one's career, leadership and success never come from others' accolades they come from yourself. At the end of the day, when you can smile at yourself and say "Man, I'm proud of surviving, hanging in there and never giving up and treating everyone with respect" while doing your best to do your best.... then you are deserving of respect and leadership whether it comes to you or not. You quit on July 3rd from a position of leadership (if leadership is not your gig then that is totally understandable), America appreciates what you have accomplished. Just understand, that to rise from the rubble again, you must survive the heat again.. you must prove yourself. Please don't ask us to vote for you out of mercy. Earn our respect, don't beg for it. Get to reading, get to working (try to make it a full 60 hours on the job without leaving early), get to becoming more tolerant and openminded and less provincial and quit forcing your God based dogma on the rest of us (who prefer not to have it rule our governmental policymaking). We are a country of second chances... but earn it, not for us but for yourself.

DWI morality

2009-05-29T12:21:00.002-05:00

How would a cop feel if someone just took out $7,000.00 out of their paychecks (automatically deducted) just because they could and it was legal ? Highway robbery, theivery, call it what you will- BAD MORALITY. They would be pissed, suffer enormously and forever hold the burden of a bitter grudge against the entity that did it. Well, cops are doing this to nonnecessary DWI suspects. The average person in America will spend about $7k defending themselves (surcharges, fines, court costs, atty fees... this does not even account for a trial fee) because they too are being robbed. Most DWIs are people who are minding their own business, driving in nondangerous manners (speeding along with the traffic- not accidents or call ins), and cops take advantage of them because out on the side of the road they can't perform nonscientific field sobriety tests that most of the rest of the world refuses to use. Cops get pissed when the driver says they haven't drank. They get so personally offended (which is not appropriate, I'm sure I get lied to in my job but it does not affect how I do my job... I am a professional) that they make sure the driver gets arrested even if his performance on the circus tests is questionable. Now just because the cop can justify this on "probable cause" does not make it right or moral. True probable cause is reality and common sense, neither of which most cops employ on nonnecessary DWI arrests. CNN is airing a special on highway robbery by cops (and legal under the law but not right) of drivers in east Texas. They may have spurious bad laws that attempt to justify the money forfeitures of people driving through who get traffic tickets but bad laws don't make it right. Bad judgment, getting personally offended and bad investigation tools that are not scientific (non of which are including the HGN eye test as numerous court have now opined despite its continued use) don't make it right to rob a driver of at least a $7k fee and false DWI conviction (many people just give up or don't trust jurors to see the fallacy of these tests in this "tough on crime" at all costs era. I am angry. I hate hyprocrisy. I think cops and law enforcement including district attorneys offices should stop robbing people because they can in the name of this false MADD dwi hysteria (reality is only 1 out of every 100 dwi drivers arrested killed someone, twice as many people die from the flu every year yet you don't see doctors getting arrested for failed treatment, duh !). Just because you drive with alcohol on your breath does not mean you deserve a DWI. Cops, stop acting like the law (probable cause based on bad tools) makes it right when you know it doesn't. You guys are no different than theives or hypocritical Christians who screw people every day in business and life and go home at night and think that by praying they wipe their slate clean. Ugh. I work in a nasty profession, quite sickening to say the least for the most part (very few of my cases are genuine DWI deserving clients- maybe 30% at most). I have no respect for those with bad morale and I'm not talking about what people are free to do with their personal lives. World, fellow proud Americans... we must stop these wrongs.

DWI BLood Tests SUCK

2009-05-06T23:57:00.002-05:00

Blood Tests Suck Worse than Breath Testing
Dose of Reality

I just tried a felony DWI blood test case and after 6 hours the jury of twelve found him guilty. As a defender of the constitution and our laws (criminal defense lawyer), I know that I am suppose to walk out of that courtroom and move on to the next case. Part of my job, right ? You win some and you lose some, right ? I wish. For me, where injustice occurs, we all lose. When injustice occurs, not only is our society unsafe (our citizens being falsely accused and their rights trampled on) but the beauty of humanity leaves us all. In State of Texas v. James Ryan Giles (everything occurring in trial being public record), the facts are the Fort Worth Crime Lab is so incompetent they use the same pipette and beaker of water for all 25 samples they run through the gas chromatograph when testing for blood. Industry practice is to change the pipette tip and use a different beaker of distilled water for each sample to prevent contamination (blood samples must be prepared in a different tube with an internal standard, the blood is not actually tested but the heated headspace above it). The blood is pushed through a gas chromatograph column (type of coating and thickness important in that it affects the retention time and therefore the result, yet the Fort Worth analyst did not even know what type of coating or thickness she used on Mr. GIles) that must be cleaned at least once a month (industry standard for as many samples as Fort Worth analyzes) to prevent contamination. They had not cleaned the columns a single time in 6 months before and Mr. Giles' samples showed contamination on all 4 of his gas chromatograms. The analyst even admitted that she found Toluene contamination in his sample of which he would be dead if he ingested it. Funny how she admitted that on the stand but marked "unknown" in the record. These are just the analyst problems, not even touching on the improper storage (refrigeration, lack of temperature high/low check documentation) or the improper collection (using a swab that may have contained alcohol and not sterilizing the tube). Despite 3 fact witnesses who were with Mr. Giles who testified he could not have had more than 3 drinks over 3 hours, and 4 of the state witnesses including a police officer never testifying that Ryan was intoxicated, the jury after 6 hours found him Guilty. Not being privy to the jury deliberations, I cannot claim to understand the basis of their decision. As would be my job, I must accept the verdict; however there is not a shadow of a doubt that I know not a single one of those 12 jurors would trust the Fort Worth Crime Lab with their blood. Their verdict just tells the Tarrant County District Attorney's office that improper scientific methodology that tainted results is acceptable. As a matter of fact, the prosecutor commented in close "If you don't like how they do things in the Fort Worth crime lab, move out". I wish everyone involved in tainted blood test procedures and those that support such unacceptable methodology would move out, not the other way around.

The point of all this really boils down to one simple thing: a great human being. I have known Ryan for years. I represented him on his previous DWI. He is a good looking, clean cut, charming 33 year old man. The courthouse was full 3 days with his supporters numbering close to twenty. He has always been straightforward with me, respectful and somehow always seemed to make me laugh or smile. Testimony even came out in trial how he can't even go to his local TGI Friday's without almost all the employees knowing him and him befriending everyone. After the punishment phase (he agreed to the 2 years prison versus Tarrant County's insane 10 year/4 month jail probation office policy designed to put a probationer back in prison), with utmost dignity he told me how much he appreciated my services, how he hated to make his mom cry and how he did not want his family spending anymore money on him on an appeal. The bailiff took him behind the steel door and the last glimpse I caught of Ryan was his look of dignity wiping back a tear as he glanced out at the gallery to his many friends and family. He said 2 things that struck me. First thinking postively, he said "Mimi, you know I might be a positive influence in prison but it amounts to so very little." He next said, "You know Mimi, going to prison is not going to somehow make me a better person. It won't be good for me at all." He knows, but little does he know. What I know of our jails and prison system, is that you get treated less than a human being. When a guard looks at you, he sees a criminal- not a person. They herd you like cattle and take away every ounce of dignity you ever had. Problem is, a person like Ryan does not deserve prison. Prisons should be for people who hurt people and animals- kidnappers, rapists, robbers and murderers. Ryan and others charged with alcohol or drug problems that do not involve serious death or bodily injury should be in various forms of rehab and counseling, allowed to continue to contribute to societal good. Yet our society would rather spend $40k a year caging people like Ryan like animals in prison. Europe (the Netherlands) has left this moralistic, Calvinistic thinking decades ago. America cannot be the greatest country when we put good people like Ryan in prison where he does not belong. Probation in Texas on nonviolent felonies on alcohol and drug cases is not rehabilitative either. It is designed to bilk you out of bunch of money and land you back in prison anyway once you have been totally humiliated. When I think about Ryan, I can honestly say that I prefer his company ten million to one compared to both prosecutors and those jurors who choose to put their heads on their pillows at night and ignore the real problems. I accept they found Ryan guilty. I don't agree with it but I don't accept the fact that their verdict will put a lot more innocent Ryans in jail just because they have drank alcohol (not intoxicated) and their blood ends up in a crime lab that is worse than what a 7th grade classroom would do (at least they would follow protocols).

The bigger problem in all of this is that people should try to be good to other people. We should not have "office policies" in district attorney offices that fail to look at the individual facts and the human beings behind the cases. We should have DWI/ drug possession laws that take prison out of the formula and focus on positive counseling and rehab. Probation in Texas is another word for punishment. Probation should not be punitive (that is what prison is for) but positive and helpful to people. If our criminal justice system aimed to help nonviolent people who have just made mistakes and give people chances rather than punish (we are light years away from European enlightenment when it comes to criminal justice), all of society would be helped. Bottom line from Mr. Giles case, blood testing is anything BUT accurate (my chemist expert said the margin of error on blood testing is infinity) and our justice system is about convictions at all costs not what is right from wrong when it comes to DWI. This is wrong. Somehow this overhyped DWI madness makes everyone not worth knowing feel good. My heart hurts tonight, but I will move forward to continue to fight in honor of those like Ryan. Let us all try to be openhearted and good to one another whether or not they are social drinkers is my message to MADD and district attorney's offices everywhere.

Sidenote- The Swine Flu strikes again ! 80,000 students in the Fort Worth Independent School District not going to school. ALL Ryan's (33 years old) jurors were middle aged to senior citizens. The youngest juror being older than me, 41 ! There was a reason the Founding Fathers created a "jury of your peers."

Dark Justice, part 2

2009-02-23T19:51:00.002-06:00

Dark Age of Justice, part 2
The Dark Age of Criminal Justice, concrete examples:

1. Court of Criminal Appeals (highest criminal court in Texas) said a sleeping lawyer renders effective assistance of counsel.
2. Court of Criminal Appeals Justice Cathy Cochran said at a 2008 TCDLA seminar in San Antonio that 95% of the time they uphold what the trial judge has done and do everything humanly possible to do so. (Then why do we need appellate courts anyway ? Clearly they are just protecting bad rulings of trial judges otherwise there would be no legal grounds to do an appeal. Common sense.)
3. Tarrant County District Attorney claims they will not reduce a DWI misdemeanor second due to “office policy”. (Don’t even ask about their felony DWI policy which is absurd.)They have forgotten that their job is to seek justice and not a conviction. Facts are suppose to matter !
4. Even though we live in a day of cell phones, text messaging and emails Tarrant County courts make citizens accused take numerous vacation days to come to court just to pass a case (while discovery is pending, waiting for a license hearing result, waiting for the lawyer to get paid attorney fees). Many people lose jobs before they are convicted.
5. Some judges put citizens accused in jail for being late to court even when it is uncontrollable (massive traffic accident that causes delays).
6. Many citizens accused are being punished by “bond conditions” such as paying probation fees, reporting, taking tests even before they are convicted with no need for such supervision as they have never missed a court date and have not been found guilty yet.
7. Many citizens are expected to resolve their cases in 3 months when they can’t afford to pay their laywer in this time. Too bad so says the courts. Even with a typical judge’s salary, most judges could not afford to pay their lawyer in 3 months if they were accused.
8. DWI punishments are illegal. The Constitution says a citizen cannot be punished twice for the same crime (violation of double jeopardy) yet that is exactly what is happening first with the courts and then with a $3k-$6k surcharge by Texas DPS.
9. The Constitution says one cannot be deprived of life, liberty or property without due process of law yet Texas DPS surcharges are mailed with NO DUE PROCESS hearing whatsoever. Texas DPS is making up late charges and incidental fees ad hoc at their leisure with no constraints of law.
10. Defense lawyers of 15 years like myself are being stripsearched everyday just to go into the courthouse (remove shoes, belts, pens, etc.). All this while a brand new first year district attorney walks right through waiving their pass. In Tarrant County, the Sheriff said he would allow defense attorneys to pay to get an id pass and the Tarrant County judges voted it down. Yes, what are these judges afraid of and why ?
11. The district attorney in every trial always sits at the table closest to the jury even though there is no law that mandates this and the Constitution and Bill of Rights was founded on the principles that you give every benefit of the doubt to the citizen accused including the right not to testify, the fact they have no burden to prove, that they are entitled to government assistance in the procurement of witnesses (subpoenas). Not to mention, they always get the last word in argument. How fair is that ? The state gets 2 speeches to the defense lawyer’s one.
12. It is illegal for a cop to draw blood. Yet Dalworthington Gardens Police do it and the Tarrant County District Attorney’s office hasn’t stopped them. Case law clearly says they cannot nor does the statute provide for this.
13. Texas law says you can’t forcefully extract blood from a DWI suspect unless there is death or the possibility of serious bodily injury. State laws can afford citizens more protections than federal laws. Yet our own judges violate this Texas law routinely.
14. In Texas, you can get convicted of DWI for being in your driveway asleep with the keys in the ignition (heater to keep you from freezing to death). Crazy. Our district attorneys would rather intoxicated people risk killing someone on the road to make it home opposed to just pulling over to sleep it off. This one has always baffled me.
15. Some judges won’t let a citizen “do the time”- go to jail. So they stuff probation down their throats (of course the counseling centers and government is making money off of classes and fees). How messed up is that ? A judge won’t let you go to jail if you want ? Of course, the interlock companies are making a killing off this gig too. They are the ones (Smart Start) who are writing the DWI laws in Texas.
16. Many metroplex jails like Lew Sterret won’t let you make a phone call to bond out for over 8 hours !
17. You can’t bring a book to read to jail. The government says better that your brain rot or read the nasty crap they have in there.
18. There is no law that says when your videotape of the cop beating you disappears the case should be automatically dismissed. Guess what ? Funny, how in every case there is some lame excuse and the judges bat a blind eye. No wonder cops keep doing the same-o, same-o. Had a Fort Worth cop beat a lawyer client of mine in the sallyport and I can’t even get a jury instruction on the missing evidence ! How pathetic is that ?
19. The Fort Worth Crime Lab claims they will not release the results of the gas chromatography blood runs which would show contamination. Crazy that anyone should ever trust their blood tests. Of course, I’ll be getting them. At first, they thought they did not have to give me anything but my client’s results they type out (I’m going to trust that ?). I had one blood test where the 3 blood tests of the same client varied by .09. These kind of blood tests make the breath test machine look stellar. Ha !
20. Crazy dockets. Most Tarrant County judges will not let me set my own court dates and you wonder why they go apeshit when I have ten trials set on the same date.

These are just a few examples of how low the criminal justice system has sunk. These are facts. I wish this was some Saturday Night Live skit but it is reality. We must inject compassion, respect and common sense back into a system that is suppose to be fair. At one time America had the best criminal justice system in the world. Now it is the worst of all western democracies. It is time for good men and women to stand up for basic decency. A society is only as good as they treat the humblest of their citizens. Justice demands integrity, respect, fairness and compassion. When it comes to DWI, we have lost our roots. It is the most common of all crimes with the most normal of all citizen accused with only a 1% number resulting in fatalities yet the system treats each offender worse than rapists, murderes, and robbers. Time for change.

The Dark Age of Justice

2009-02-22T22:22:00.002-06:00

The Dark Age of Justice
We are living in the dark ages of justice in the criminal law field. The overriding sentiments and motivators among the majority are to do anything to sustain convictions even when it means ignoring the law, our Bill of Rights and Constitution (George W. Bush said the Constitution "was just a piece of paper"). The spirit of community has been overtaken by a spirit of meanness where cops are not there to help people but to arrest them; and district attorneys can't see the greater good (some people need convictions, but many just need direction, guidance and a chance to get on a better path whereas a conviction will ruin their chances at employment to good jobs) and prevents them from supporting their families which produces more crimes). We literally live in a day and age where rapists, murderers and thieves get better treatment and options by the criminal justice system than a misdemeanor DWI who got pulled over for a broken tail light, looks and is completely sober on video and has harmed no one. Even those who are intoxicated on DWIs but have not hurt anyone (most DWIs involve minor traffic offenses) are getting railroaded by fines and surcharges over 3k and many are losing jobs and their families are being broken apart with their punishment being the maximum in most cases by district attorney "office policies". The punishments do not fit the crimes and are way disproportionate. Everyone is so quick to judge in the legal system they no longer care for the facts (district attorney office policies in Tarrant County and many other parts of Texas). They have gone so far as implementing court procedures that seek to punish the criminal defense lawyer for doing things such as setting trials (not giving citizens enough time to pay or defense lawyers enough time to prepare for trial) as if that will somehow make us stop doing our jobs in protecting people's rights. ! Our system is drastically broken. I am ashamed of how our criminal justice system treats people. I just know at the end of the day I am one of the good ones, trying on a daily basis to interject dignity, compassion and reasonabless. I am the only one that stands between a citizen accused and a biased freight train coming down the track to demolish someone. Most judges that I deal with, although many are decent people, are not doing enough to stop the Naziism they are inflicting on our own citizens, particularly when it comes to DWI. I at least go to bed at night, knowing that I am the mighty lion who will not back down. I don't care what meanhearted and misdirected judges and district attorneys and cops think of me or do to me. They better know, that unlike the many .. I roar like a lion and pounce with unstoppable fury to their folly and abuse of my clients and their rights. Yes, as an analogy, I bite (I appeal bad decisions; I publish scholarly articles on what is wrong with the justice system and DWIs; I don't shy away from telling people facts; I blog because information is power; I advise my clients on who not to vote for)! I am diplomatic but do not play politics that contributes to a wrong system, unlike the good people of Germany who said nothing at Naziism because they were scared. I fear no one. We are living in Nazi dark ages in the eradication of rights in the criminal justice system, particularly when it comes to DWI offenses. I will not back down. May history know that ! I have faith that it will change for the better one day. I'm doing everything I can in the meantime

True Leadership

2009-02-16T17:40:00.001-06:00

What is a true leader ? Today on President’s Day, it is the perfect time to reflect on what makes a true leader. Leaders are not born. They are made. Look at the men who rose to the occasion to fight for and create the first democracy in the world ? It would have been a lot easier for them to have rested on their laurels and continued to have life made easy by the British, at the time the most powerful country in the world. Those Founders had a vision: one where the people could have a say in their own governance, a government ruled by elected people opposed to monarchies and merely the rich. They sacrificed their time, money, efforts and opportunities in hopes that something better would come from their efforts. Leaders do things that go beyond their own bottom lines and self interest. They venture out of their comfort zone to make the world a better place for others.

Today, I am saddened by the 80s mentality of Wall Street greed where money is king. Twenty years after that famous movie the only thing that has changed is the fact that this greed has gone from an admired trait to a pervasive sickness. Case in point, I know very few lawyers who will do anything unless it involves money. You can’t get them to drive to Austin or their state capitol to lobby for good laws because they aren’t getting paid. They could care less even when the laws being passed hurt their clients. This isn’t just in Texas; it is nationwide. Kids just aren’t graduating from lawschool with the right principles. Everyone just wants to make money, justice is a hoped for side benefit for most. Lawyers come from an old school of thought where your license allowed you to make money but more importantly it shouldered you with a responsibility to make the world a better place armed with the power of the law. Of all the lawyers I know besides myself I can only say that Chris Hoover , Charles Kingsbury and Larry Boyd are the only DWI lawyers in Texas that have genuinely cared enough to venture out to Austin on a regular basis voluntarily when it really mattered even though it didn’t make us any money (many of the laws we fought for meant losing money as lawyers but better for the citizens). To me, we are the Presidents of the Constitutional Law crowd- trying to make a difference. Even on a national level, it seems damn near impossible to meet a DWI lawyer who cares about fighting for good laws. I don’t know a single one outside of Texas besides Steve Oberman of Tennessee and Patrick McPherson of Hawaii that is involved legislatively. So there you have it folks, out of this whole country less than 2 handfuls really care about leadership when it comes to DWI justice where the laws are made and DWI is the number one crime in America (in terms of numbers of arrests).

On a personal level (maybe it’s because I am surrounded by lawyers and red neck rich wannabes), I am disgusted by the pure selfishness of people when it comes to their government. I am so sick of people crying for capital gains tax cuts and at the same time screaming about paying for welfare yet preaching abstinence among teenagers. That makes a whole lot of sense now doesn’t it ? Why is it that your “wear their religion on their sleeve” right wing Republicans can’t see their own hypocrisy ? They cry for teaching religion in the schools (creationism, such a joke) yet can’t teach basic human decency at home. They think as Sean Hannity said “government’s job is the national defense.” They forget that even monarchs took care of the mentally sick, disabled and diseased. It’s just sick to see a cycle of intellectual inferiorism be perpetuated all in the name of the Bible. Ugh. My leadership exercise this President’s Day is to proudly stand up and call bullshit. This country would be a lot better off if people would start thinking about their fellow human beings and ask how to make this country better. As a great leader named John F. Kennedy once said, “Ask not what your country can do for you, but what you can do for your country.” I will end on this note. Happy President’s Day in honor of the many leaders before us who put others first to make this country a better place. Young people, strive to define a better generation. It shouldn’t be that hard.

Economic Reality

2009-02-12T12:14:00.000-06:00

Feb.11, 2009

As the old saying goes.. “It’s the economy stupid !”

Earlier this week at Obama’s Elkhart, Indiana townhall meeting, I was very captivated by his assertion that he did not dream taking office would result immediately in a mass spending bill. His look and voice was of genuine concern. What people need to realize is that Democrats are not “tax and spend.” This is the biggest spin job of my political lifetime that Republicans have mastered. Democrats (called Republicans in the early days versus Federalists) have always been about eliminating debt to foster a healthy economy while Republicans have said so and done the exact opposite. What Reagan spent on defense in the 1980s while giving so called “trickle down” tax cuts to the rich crippled our economy. Democrat Clinton almost managed to get rid of the debt only to have all his efforts undone by “fiscally conservative” Republicans like Bush who spent record amounts on a war that brought no economic benefit to the United States. (That’s what you get when you elect an unintellectual party fraternity boy to office). If we go back to history and see what works we can see that it was Democrat Thomas Jefferson in the famous 1800 election that campaigned on reducing debt. He did. His Treasury Secretary Albert Gallatin was masterful in this for 12 years under 3 Democratic Presidents. Our fledgling country’s economics started to strive and we became a player on the European scene. One of the greatest Democratic Presidents of our time Andrew Jackson completed wiped out the national debt which led us right into the manufacturing boom days. So when it comes to history and present politics, it has been the Democrats who have shown fortitude and leadership in sound economic principles. It’s just sad that Obama has had to take unavoidable drastic spending measures to fix the Republican quagmire. I was happy to see his distress over spending. I can tell he yearns to be an Andrew Jackson in the making. Let’s hope we get there next term. So I sure hope people stop taking their cues from spinmasters Karl Rove and Rush Limbaugh and get real facts. Republicans are the worst thing possible, as history has proven, to grow a healthy economy. Oh how I long for the great economic days of Clinton !

New Orleans

2009-02-12T09:51:00.001-06:00

Why I Love New Orleans and What Must be Done

New Orleans is the richest cultural town in America. Its tradition of jazz, Cajun food, and party atmosphere cannot be beat. Moreover, it is a city that is unique in that its best traditions were born and bred on our own soil. Yet 3 years after the hurricane we still have not rebuilt Charity Hospital (the parish hospital that provides medical services for the indigent) and USA Today reported earlier this week that over $300 million in disaster relief has gone undistributed for necessary repairs. How can this happen in America ? Why are we as fellow Americans allowing this to happen ? Where is the shovel ready stimulus package money going ? Rather than build a new plant in Virginia, why not start by strengthening on a massive scale the levees that are suppose to protect our country’s most culturally unique city ? Who hasn’t come to New Orleans for a seminar ? Outside of Vegas, no venue comes remotely close to the perfect place to combine work and play. Our government turned its back on New Orleans before, during and after Hurricane Katrina. We need to make New Orleans a government priority, not just for the citizens of New Orleans but for the rest of us that value the diverse culture that makes our country so great. Lawmakers, take heed and action. Fellow citizens do your part by coming to New Orleans with your own stimulus package. No city ever needed it or deserved it more. Now for why I love New Orleans…

The European row style buildings and quaint cottage industry feel of the French Quarter makes one feel they have left the country back to a time where one expects to see a colonial dressed in a powder wig and knickers round the corner. The streets are lined with restaurants that open up to the warm, breezy atmosphere by numerous open French doors. The shops are filled with trinkets designed to make one happy: colorful beads, boas, party hats and shot glasses of every make imaginable. The character of the people are as colorful as their beads. Smiling men and women of every persuasion beckon you into their lair of either food, music, or bar (many of which offer 2 or 3 for 1). Just walking down the street one hears the notes of saxophones and trumpets fill the air (my favorite jazz is in the open brick courtyard of Steamboat Willie’s on Bourbon where he has been playing many a night for many a year). Breakfast is superb at Petunia’s and The Coffee Pot3, just to name a few. Jazz brunches at The Court of Two Sisters and Palace Café (love to listen to the Michael Buble sounding jazz band) take dining to new pleasurable heights. I love to spend my lazy afternoons after a leisurely Cajun lunch (my favorites to include boudin, red beans and rice, crawfish etoufee, turtle soup, and shrimp remoulade) and specialty drinks or a bottle of wine lounging out on either the lawns or wrought iron benches of Jackson Square reading a book while looking up at the supremely beautiful landscape of the majestic Andrew Jackson statue, steepled church and blue skies while hearing the Queen of the Natchez steamboat coming in on the Mississippi tooting its horn and music amidst the jazz coming in from all directions on Jackson Square where street performers and artists congregate. The shopping is unique and includes everything from old gun shops, antiques (the best are on Royal Street), vintage clothes, praline chcocolate shops to a store selling antique toy soldiers. If this is sounding like something that would only appeal to the senior crowd, just wait until you hit Bourbon Street at night ! What other city in the world can you walk down watching women flash their wares for beads and it is tradition ! Modern shopping and movie going is just down the street at the 3 storied chic mall where one can buy the finest New York fashions. Most of all, I love the people of New Orleans. They are the most openminded, good spirited folks you can find this side of Amsterdam. Meals with friends in this city last hours over a good few bottles of champagne and wine topped with bread pudding and coffees ending with shots and beers on Bourbon Street where everyone lets their hair loose (the late night pizza and Lucky Dogs you get on the street and in bars are superb). If I hadn’t been born a Texan, I would like to have been born in this city where life takes on a flavor of ‘reward yourself because there may not be a tomorrow’. At the end of the day, it is good to remember you can’t take it with you. New Orleans is my heaven on earth. It’s where I unwind after a season full of trials, seminars or on vacation. I haven’t even gotten to the local cigars they make here or the darling trolleys they use for mass transportation or their riverboat rides or casino gaming. No list on the pleasures of New Orleans would ever be complete. I encourage everyone to treat yourself to some much deserved living by visiting this bastion of pleasure and creating your own list. Most of all, do it now- not just for you but for your fellow New Orleanians that make it happen when they still need it most. Happy Mardi Gras 2009 !

My Barack Obama Journal

2009-01-21T23:26:00.003-06:00

For Jan. 20,2008
Had to work yesterday, trial settings and all so needless to say I missed seeing the inauguration live. After court, worked till 12:30 at night on a brief for a Motion on the Destruction of Evidence hearing I had on Jan,15. Set tling into bed past midnight I caught snippet reruns on his oath (How can Chief Justice Roberts mess up 35 words ?), the masses in Washington mall and live footage of about 3 inaugural balls he attended. I found myself smiling as he repeatedly told each ball that his wife did everything he did in heels and backwards. What a gracious man. Io feel full of hope and love. He and his wife are such sincere accomplished people who aret truly on a mission to bring out the best in mankind and our country. I have never felt so close to the Presidency before. I am so proud of America at this moment. I know the world feels full of hope too.

Jan. 21, 2008

Two things I have heard. Obama will close down Guantanaomo in a year (hooray, prisons that torture people should be closed down now the world will have respect for us again) and he put a pay freeze on his top employees due to the economic depression we are in. Wow, he moves fast. I think the country will want to figure out a way to make get around two term limits. He is moving like a freight train. It is so great to have a leader who moves fast on what is morally right. I saw of him walking into work at 8:30 this morning. I can just feel his sense of purpose and excitement in my heart. It is beautiful to have strong leaders who lead for the goodness of manking as opposed to glory. I predict a Presidency that will rank up there with the George Washington and Andrew Jackson. Obama is a man who will act on his innner beliefs of goodness to others. The world has never been poised on a more dynamic stage of hope. My words to Obama.. "Yes, you can !"

best job in the world....just a few informal thoughts off the cuff

2007-04-02T23:18:00.000-05:00

being a lawyer is the greatest thing in the world. you get to help people. you get to surround yourself by people with esoteric knowledge, you learn to be a diplomat, salesman, football and basketball player in areas of finesse, you get to dress well, you get to read all the time !! you get to argue logic and call bullshit on people who think they know it all but don't.. on an offnote. god, i love my boca briefcase i save for special occasions, i love zippin to the courthouse in my showcase sports package TL, i love my custom suits, custom shirts with french cuffs and cufflinks... i love every damn last bit about it !!! i love the stress.. i love knowing at 8 pm at the end of a long day I have brilliantly figured out how to solve problems and better the world by helping my clients one by one.. god, i love my clients.. even the ones that bitch.. i love the mercy and graciousness of district attorneys when they know they have the upper hand.. i love the fact that if there were not lawyers this world would be run by tyrants.. i love the fact that lawyers are the only line of defense against tyranny .. we help the little guy and the big guy and yes sometimes even society.. if i died tomorrow i have been giving the greatest job in the world and i would like to thank all the clients who have entrusted me and all the lawyers mostly district attoneys who worked with me in making this world a better place for us all.. i love it when judges do the right thing .. judges like Mike Mitchell, Billy Mills, Brent Carr, Scott Wisch, Judge Tolle, Neil Pask, Phil Barker, Daryl Coffey, Elizabeth Crowder... in particular.. i love the efficiency of the courts of Dallas County.. I love going to trial.. i love to kick butt and i can take it when i get a butt kicking.. i live for the thrill of finding out who is on that panel, using my brilliance in knowing the verdict just by who makes it to the panel, i love the shit out of walking in court with my whole trial outlined right down to my 4 part close, i love training my lawyers and new lawyers on how to try cases and everything they need to know about DWI that the seminars don't teach you, i love to figure out someone's personality traits by their facial characteristics.. i love it when the right thing happens in trial because people are good at heart.. Craig Watkins kicks ass by the way.. not only as the new DA does he hold the most power of anyone in Dallas he has a big heart.. one of the biggest hearts for his fellow man that I have ever been privilged to witness and he will make this world a better place and god i love the fact that i get to work with his office ! boston legal is cool, the practice rocked.. but mimi coffey's legal life in dallas and fort worth is truly better than the best hollywood writer could write.. thank you everyone.. i pledge always my best.. and of course my heart.. my heart belongs to the cause of justice..

Texas and the USA in 100 years

2007-02-12T23:22:00.000-06:00

"Justice resides in the heart of man" an old Chinese proverb. What does this really mean ? To foresee the future of our 300 year old country we must look towards the European countries. To foresee where expansive Texas counties and lands are headed we must look towards New York City. Europe has taught us that as societies age the well being of the most poverty stricken citizen dictate governmental policies.. France, Netherlands, Great Britain. What prinicpals do these centuries older countries guarantee to its citizens : adequate health care for all, food, clothing, and shelter in livable conditions for those who cannot afford it as a basic right; justice where the wellbeing of all men are valued above meaningless and senseless punishments. New Yorkers teach us that an acceptance and understanding of all cultures in necessary if we are to make good decisions. Where more people congregate and live on top of one another intellectual decisions take precedence over politically dominating forces. Eventually we shall learn to treat the disease of drug and alcohol addiction rather than create ruined lives of welfare and red deficit budgets as we create more jails and pay for more jail time than address the underlying problem. Elected judges in populaces like Texas where most of the voters don't even know who they are voting for will be replaced by merit based selections and retention elections where the size of one's accomplishments, integrity and intellect will determine who metes out justice as opposed to the size of one's pocketbook and uncanny timing for sensing vulnerabilities in political cycles of elections. Responsible governments will not tax social drinkers with the sin tax because that is where they can ferret out dollars due to the whimsical delights of faith based electorates who make ballot choices on weakminded thinking like sheep led to the slaughter in response to religious factions which claim and galvanize political strength. With reading, openmindedness and critical thinking pastoral politics will be replaced by sensical social necessities much like salem witch trials in our country were replaced by courts which demanded reason.. now we must go from courts of reason where reason often falters due to the political winds of the day to courts of intellect and it must start first with merit based systems of choosing judges who have exemplified the nobility of great intellect, patience of temperament and character and hard work. This past year alone I have had one judge throw a client in jail for being 10 minutes late due to two traffic accidents out of her control to spend a weekend in jail at a cost of a $400 bond fee, another client still in jail for over a week with writ of habeas corpus for mistakenly being behind $25 in pretrial bond condition payments with no other bond violations (still in jail after he paid $60 additional on top of arrears) and these are just a few recent examples which come to mind. In my opinion much like the storming of the bastille in France.. such tyrants of power will be dealt with in time as our system galvanizes to rid the possibilities of such abuses by selecting only those intellects who deserve such power on merit based and publicly accountable appointment/retention systems. A blight on one human being that is injust is an intolerable cruelty an enlightened society must strives o correct and prevent. I am here to help bring our state and nation to its inevitable heightened levels of justice and pursuit of happiness. . I am dedicated to voicing these needs even if I am 100 years ahead of my time. I guess my clients are right when they say I like to fight. It is in my nature that I try to fight for what is right. Good thing I am a lawyer. I take my job willingly and joyfully . Defense lawyers will be viewed as the only self restraint to a system of tyranny and will be heralded much like "tough on crime" prosecutors of today who too often miss the whole human element of the equation. Craig Watkins the newly elected district attorney of Dallas and first African American to be elected to the position in the history of Dallas got it right.. it's time to be smart on crime. Tough on crime without smarts reminds of the old fat class bully who eventually didn't have a pot to piss in. I'm tired of the hot air give me some damn substance.

life

2006-12-13T14:11:00.000-06:00

Since I am always ranting or pontificating on some societal or political issue, from time to time I suppose it would be informative to examine the source. So here are a few hopefully informative insights. I truly believe that I get not guilty verdicts in part because I believe in the goodness of people. Good people do good things. Good people can see bullshit in a DWI case even when it looks like all the facts are against a person. I love to work hard. I hope to never retire and when I am too old for trial work I would love to work on appeals. I believe it is important to contribute. I want my clients to know that their time with me may be brief but I believe with every ounce of my being what I am doing and try to do my best. I am not always deemed right (when juries return guilty verdicts for example) but I am doing what I believe in and feel great about fighting for them. I don't believe in preaching (aka I am the last one to want to preach). I am not particularly religious. I believe that people should be good to other people and the more open minded we are the less mistakes we make in everything. I deal with serious alleged mistakes, and what I find is the more I learn about a person the more I understand what the right thing to do is. That's my best advice to prosecutors, look at citizens accused as people not just alleged facts and there will be higher the probability that you will do the right thing. Discretion is a hallowed hall of justice, alleged facts should not be looked at in a vacuum. All of us sometimes make mistakes, who we are, what we do, how we contribute should count for something. So many of my clients ask me if the fact that they have never been arrested counts for something. I truly hope in the future, we as a society get there on DWI because these prosecutorial office policies take the most important factor (the person) right out of the equation. As for me, I love fast cars, hip hop music, am a sports nut (season tix to the Mavs, Stars, Cowboys, & Flyers), recreational 4 wheelers (I own 7 but then again I have 4 kids who ride too !), can wakeboard, work out alot (for stress relief !), am a newsaholic (generally going to bed with at least 2 newspapers including the day's New York Times among other news magazines), enjoy reading historical and political books, can't cook worth a dime and am not domestic. I love to go out and have a good time and do that quite often actually (if you don't reward yourself no one else will). I enjoy vacationing to Cancun, New York City, New Orleans and the Florida Keys. My most important piece of jewelry that I own are my antique Gucci scales of justice cufflinks that I won 10 trials in a row with (and yes I take great pride in tracking my not guiltys with my cuff links) and I am planning on planting a tree with a bronze engraved plaque below each one inscribed with the case no and name of each client I got a not guilty for on my 14 acres and main homestead site when I finish building my modern home (I have to call it this because it is quite unusual.. not traditional). Just haven't decided on the type of tree but am leaning toward oak . I cherish those experiences so much and am looking forward to walking my grounds when I am old seeing all the trees all grown and mature remembering that I played a part of doing something great: defending what's most important to people -their reputation (and for even some saving their jobs in the process). I enjoy of course the greatest things in life which come free. For example this weekend, my 5 year old daughter Mimi said she liked the boy who rides her school bus: "Tommy" because "he looks good" and has a lot of money (he has lost 4 teeth and has been paid by the toothfairy compared to her one... no worries.. I believe in earning your own money not just marrying it which I will teach her.. not that I have anything against people who do that.. ) and my 7th grader told me as I rushed him out of the house to make a Mavericks game that I ruined his moment ... his first kiss (what did I know ? He was with her all day as his 6 hour birthday party was concluding. Never let your middle schooler choose the times for their party !! noon till six ?!) and suffered all weekend when he complained about it... Life is so precious, that is why I believe in the goodness of people and feel jail should only be handed out when really necessary (rapes, murders, assaults, etc.). Rehab when it comes to drug and alcohol issues particularly for felony DWIs is the smart priority. Most of my clients are not violent, hold good jobs, contribute and throwing them in jail accomplishes nothing. The justice system with such a low crime rate in the Netherlands is a prime example of attacking problems at the roots without costing society gazillions of dollars. Life is precious from judge, to prosecutor to juror to defense lawyer, when we value others and their right to good things then justice happens.

traffic

2006-12-13T13:33:00.000-06:00

Traffic is a growing problem in DFW. I literally live in a condo in uptown Dallas and have a home in west Fort Worth to be able to practice in Dallas and Fort Worth. Once I got stuck in a traffic jam on the way to trial in Dallas from Fort Worth and was an hour late to court. The judge was perturbed so I decided it was time for me to buy a place since I love Dallas anyway and it made practical sense. There are times that in a day I will drive to court in both counties and the traffic always is the undecided factor as to my arrival time. Lately 121 has been blocked due to construction and 183 can sometimes be horrific when for whatever reason they narrow the traffic to one lane. Why is this relevant ? Because it will only get worse. Keller has jumped from 1 highschool to 5 in just 20 years. If our current population expands at this rate our traffic will be like the 2 hour traffic jams to work in L.A. I have a friend in L.A. who use to go to work at ten everyday because it made no sense to sit in traffic for 2 hours. There are very serious issues that lie before us that need to be considered. For one, it is time that the judges in Tarrant County stop punishing people with court dates. It is not fair to make the judicial process a form of punitive punishment when one has not even been found guilty. I strongly believe and advocate that citizens accused should only have to go to court when they plead or on their trial date. I have a client that showed up 15 times to court over 2 years awaiting his trial and every time he came to court except the last it was for a "kindergarten roll call" that an attorney could simply inform the coodinator of the status of the case. For that matter, not only are citizens accused who may very well prove not guilty being punished by the judicial administration lawyers are too. I am sick of having to waste a half day going around to courts to sign passes for clients (while they may wait up to 3 hours) when I could simply email the court the case status or call the coordinator. I don' t mind coming to court to talk to da(s) about plea negotiations and share information (although that can be done on the phone just as readily and they could call me back at their convenience) or of course for my job to do pleas and trials but to waste half a day to tell the court my client is here and we are still investigating the case or whatever is ridiculous. All of us, my clients, my associate attorneys and myself are wasting precious time in what's getting to be worse traffic, wasting gas, and most of all time for nonlogical reasons. We also need forms of public transportation like New York City, Boston, and D.C. so that we can get places faster, use less fossil fuels, and accommodate the needs of the citizens. Fortunately for most of my life traffic in DFW has been a breeze but that is now changing. I don't want my kids and other people's kids to have to suffer. We need our elected officials taking responsibility for the future and paying now for an infrastructure that we know we will have to have in the future. Not to mention, DWIs would be greatly reduced with reliable public transportation. It is a shame that Arlington is the largest metropolitan city of its size with no public transportation. It is a shame that due to asinine, outdated court procedures I have to hire extra attorneys to play kindergarten roll call and pass these costs to my clients. Thank god in Dallas county my clients basically only have to show up for pleas and trials. This logical system also inevitably allows my clients to often schedule what works for them. It is a shame when a working man or woman with kids has to waste vacation days and food on the table due to lost pay for meaningless court appearances. If I was a judge, I would allow the lawyers to email me or my coordinators their announcenments and I would give them first choice at scheduling their court dates. The courts are suppose to work for the citizens somehow our court system has lost sight of that. Just because one is arrested does not give a court the right to inflict punishment via scheduling before guilt has even been proved. Now what about those defendants who might never show up ? Well with or without a court system that respects the time and resources of its citizens there will always be people who fly the coop. I would have a once a month "red docket" day to require appearances of those who have not reasonably taken care of business (just to make sure they are still aware of their case !). The excuse that lawyers won't take care of business without requiring them there is nothing but that. Those lawyers will have to fend for themselves with least of all their clients ! The rest of us who do take care of business should not be punished. Day after day the good lawyers have to run extra laps because of the irresponsible ones ? How does that make sense ? Maybe one reason why people don't respect lawyers is because of how they charge. Believe me, the current "kindergarten roll call" system costs me bundles and at the same time prevents me from getting real work done. I just voice these concerns because they are legitimate and I understand that running a court is a difficult task. I don't mean to criticize out of personal issues. For the most part, I really respect most judges I have the privilege of working with. I dont' criticize them at all but just speak as a beacon of efficiency and economy and respect for our fellow citizen and tax payer. Millions of dollars are lost in the DFW metroplex each year as citizens show up for court dates that I view as outdated in our modern world. I just want all my clients to know that I feel their pain more than they can imagine. Mimi Coffey

superpower forever ?

2006-10-02T22:35:00.000-05:00

What is the responsibility of a good citizen ? In my opinion it is to demand truth. Truth is not political. Truth is not represented by a single politician or party. Truth has its good sides and ugly sides. Truth is not a one size fits all. It can't be conveniently downsized to soundbites on the news to our satisfaction; it is what we don't want to hear sometimes but what we need to hear to make intelligent decisions. I consider myself a proud Texan, a proud American. Sometimes our President does things that make me smile and then sometimes I want to scream but one thing is for sure he is our country's president which means that I should respect the executive institution he represents but I should not feel that I can't honestly express my opinion about important political events affecting our country. No doubt he has the hardest job in this country and while the US remains a superpower the world. So why am I so concerned ? I can't believe that our country is sponsoring torture to political prisoners that violate the Geneva convention. I am in utter disbelief that we are attempting to legalize attempted drowning and hypothermia as acceptable means for extracting information. I hate terrorists just as much as any decent human being does but I don't think that in our fight against them we need to turn into them. Torture is not what civilized countries do. What about Americans who are captured ? If we don't follow United Nations conventions why should we expect anyone else to ? I just think this is wrong. We are a leader of the world, we should not relegate down to Nazi tactics. What's the difference between torture and medical experimentation ? Where do you draw the line ? It is a slippery slope of no return best represented by the societies we are attempting to change. It's no different from raising kids you can't say "Do what I say not what I do." I am also sick of our President claiming our former President Bill Clinton is responsible for 911. The facts show that Clinton tried to get Bin Laden and failed. President Bush was handed a comprehensive plan for dealing with Al Quaeda and publicly denies it although those documents exist and were aired on MSNBC Keith Oberman. President Bush was the one who was too busy to take Al Quaeda as seriously as it should have been. For 8 months he did not even try to get Bin Laden until 911 occurred. Why lie to the public ? I understand that even the best of leaders make mistakes. We are all human but to lie to the American public on a presumption that carefully orchestrated sound bites turn fiction into truth is not acceptable. President Bush can be charming in real life and his dedication to family is admirable but his dedication to preparedness (he is too frequently on vacation), academic study (as yes his job still requires) but his weekly briefings compared to Clinton's pales in comparison, and truth telling (weapons of mass destruction, state of affairs in Iraq concerning the war, ...) leave in my estimation a below passing grade. I admire his willingness to take the job of chief executive, I of course support our leaders but have a right to reject their lies. President Bush has true empathy for the victims of 911 and has shown great compassion for the people of our country that suffered that horrific event but unfortunately this compassion was not present when necessary during Hurricane Katrina. It was painful for me to watch CNN night after night from Monday when the hurricane hit till Friday when finally our firm could not take it anymore and sent two of our employees to New Orleans with food, water, batteries and other necessities. It is so sad that ordinary Americans were more of a source to depend on than our leaders and government. Hurricane Katrina is the largest natural disaster our country has faced since the great San Fransisco earthquake ? It was not only hell for the people who directly suffered that hurricane but for the rest of the nation who watched in horror as our country failed to do what it needed to do. Now do my views mean I don't support the men and women who are in Iraq fighting ? No, to not support our troops would be less than human. They don't have a choice of being there and they need to know that their efforts mean something. It is good that we are attempting to help people in the middle east and our fallen soldiers lives are not in vain. The last thing our country needs to do is create another generation of psychologically devasted Vietnam veterans who feel rejected by their own country. They need to know we care and appreciate all their efforts and sacrifices but that does not mean we need to agree with the reasons for the war or President. That is what makes our country what it is... intelligent people need to demand honesty and responsibility of our government but that does not mean the process is pretty. Even in the formation of our country the greatest minds such as James Madison and Alexander Hamilton often vehemently disagreed however we needed them both to be the counrty we are today. We needed Madison's passion for a constitution that could bind all the states together and we needed Hamilton's fiscal genius in monetarily tying our country together and creating a national fiscal system where the federal government assumed states' debts. Republicans and Democrats alike need to demand human decency in how we treat human beings and honesty when spending billions of dollars on wars. It is time that our adminstration quit linking the Iraq war with 911 because the facts are just not there. Somehow making Sadam Hussein liable for the atrocities of Bin Laden because Vice President Dick Cheney wants there to be a link to justify an invasion that from the onset of President Bush's presidency he targeted as a probable or desired hotspot with which to quash or change leadership doesn't make it so and for the Vice President's office to be involved in the outing of a CIA agent risking her life and her family's as payback for her husband's outspoken truth on the lack of weapons of mass destruction is unacceptable. My own personal thoughts are very much like the elder Joe P. Kennedy's who during World War 11 believed the US should only get involved if directly attacked (which is what our country eventually did after Pearl Harbor but his honesty ruined his political career). I believe it is good to help others and other countries when they ask and it makes sense but truth is most of the middle east and Iraq itself does not wish us there. Just because we love our democratic system doesn't mean others want it shoved down their throat. I dont' see the harm in letting the middle east figure out their own issues and problems.....until it involves us. Bin Laden ? That's another story.... that man deserves to be brought to justice as he is responsible and claims responsibility for 911. He deserves the strictest form of punishment available under the law. But no matter anyone's opinion.. I am not here to criticize merely but exercise my desire for intelligent and ethical leadership. History repeats itself but does not have to. We should learn from others.. whether that's President Bush from President Clinton or Bill O'Reilly from Keith Oberman. Everyone has something to offer on the table... let's just read, listen, and think rationally. Being a good citizen means questioning what we know does not feel right or sound right. Our country's continued superpower status and leadership in the world depends on intelligence and doing what is right.... the rest of the world currently has had enough (even Tony Blair had to step down). We can't continue to live in a bubble as we currently are and out of my responsibililty of what I value as citizenship to a great country I now speak with all due respect to Republicans and Democrats alike as well as their respective leadership. The greatest litmus test is to put ourself in others' shoes...our country is losing ground and credibility with the rest of the world because we are not doing just that. We may not always agree but we need to start listening. Midterm elections are around the corner. I just hope everyone votes what they their inner compass tells them. Somehow when (all religions aside) we listen to that inner compass it seems like the right things happen more often than nought. Mimi

New Orleans

2006-08-06T22:29:00.000-05:00

We are spending billions a year in Iraq. We need to be spending billions to start with in New Orleans. First of all, we need approximately 9 billion to beef up our levees to withstand a category5 hurricane. Even if we spent the 9 billion this year engineers are saying it will take 20 years for the construction. How much is the Big Dig in Boston costing ? How smart of our congressmen to invest in tomorrow's future. If we can upgrade our subways and dig more underground roads for efficiency; can't we make one of our most historical and unique cities safe for people to live in ? People can make a difference with or without the government. This weekend I went to New Orleans for recreation and not only did I have one of the best weekends (as far as weekend vacations go) I came away feeling like I really made a difference. So I am making this entry to encourage others to do a great thing. It all started out pretty much like this..... I wasn't planning on going anywhere this weekend but at the last moment decided a boost of cajun fun was the perfect way to spend an August weeknd. First of all I have to say that my condo in Dallas is 5 minutes from Love Field so I literally got to the airport in 5 minutes (ZERO stress). The flight was 55 minutes on Southwest-- up and then down. Arrived at our hotel the Hotel Motelone before noon and immediately got a jolt by eating at Arnaud's Remoulade in the French quarter: a swamp drink, boudin, and crawfish etoufee to die for. Before a late evening meal with friends from New Orleans (fellow DWI lawyers) we had the oyster trio with bourbon milk punch at ? Bourbon Seafood House (one of the Brennan restaurants). I was so ovewhelmed when Lynell ? our big, brawny, african american waiter gave me a thank you card and told me how much it meant to him and the people of New Orleans that we were there bringing business to the city. I kept thinking all weekend where do these restaurant workers live ? So many have nowhere to stay. My friends told me that they had discovered a band of people living in an abandoned Shell station. Everywhere we went we had the best food (spiced to the max like something ferocious.... god those people eat good). Other fantastic meals included Desire ? at the Royal Sonesta. I had the full southern dish there... all I was missing was a fan and big straw hat and rocking chair. I had a mint julep, boudin, jambalaya and traditional bread pudding N'awlins style with whiskey sauce. It was so good I had bread pudding at 3 different restaurants during my stay and all were to die for. I could go on and on about Emeril style over the top fare but suffice it to say that the little restaurant facing Jackson square and the entertainers had the best crawfish pie (I was so sad to see it closed at 10 pm on a Sat. night... unheard of before the storm) and Alpine (right behind it) never ceased to amaze.... there was nothing that waiter would not do or get (my sophisticated friends wanting extra balsamic, wanting to add ice cream to bourbon pecan pie, wanting to have their cocktails changed in just the right way.... ) all the while having everyone in these restaurants genuinely grateful we were there (and not in a normal restuarant kind of way). Even the shops had signs outside their windows thanking tourists for shopping and how it is helping bring their city back. Hard to imagine that only a third of the restaurants are back. I heard my favorite Mike Anderson's will not be reopening, such a hallmark of the French quarter it is hard to believe. But outside of their being fewer people walking Bourbon street before dark it is a helluva place to eat and have a good time. There is absolutely no reason why a person would not have just the best time. We took a horse carriage ride through the town, got to go hear jazz at the Spotted Cat and Steamboat Willie and his band on Bourbon street. It was particularly neat considering it was Satchmo weekend (celebration of Louis Armstrong's bday) but every time I have ever been to New Orleans the jazz has been just as great. It was so good to see everyone having a great time... it is good for people to enjoy life and I can't think of a city that has more enjoying the good life culture than New Orleans. There was so much history to take in as well. I never realized the oldest Catholic church is in New Orleans. We got to walk for blocks through the French quarter during a rain storm. It cooled everthing off, the sky got beautiful and dark, you could hear jazz music playing out the clubs and side streets while all the while you got to look into the most beautiful antique stores with gorgeous, historical chandeliers and ornate furniture pieces dating back several hundred years. I guess I'm just so use to modern deco and Dallas cosmopolitan or Fort Worth cowboy grandiose style. The art galleries are phenomenal. I had to get another Todd White piece (they say he is more prolific at his age than Andy Warhold was.... not to mention his pieces are just stunning and this nation has never seen anything quite like it... I of course love the fact that most of his pieces are of people enjoying life typically holding martini glassses...). Two of the shops I went to were having half price sales.... incredible deals but it made me sad... I fear they are fighting to stay open (you can get Charles Dickens signature at Vintage429 ? for 2500 ? I got to actually touch an autographed Profiles of Courage by JFK !). All the store owners could not have been nicer. I really got the sense that even though I was there to have a good time ( buying, shopping, eating, touring...) they were the most happy by the fact that through sheer grit and pride they were still there, alive in a town that the government forgot. Making them more happy than me felt good. It is good when pe0ple help people. It is beautiful to see the strength of the human spirit. I've always loved the good people and culture of New Orleans and now I love them more... even though in many ways our country left them in their time of need- those good people did not leave us. Cheers to the best damn vacation spot our good country has. I did not see one ounce of bitterness in that town whose very survival depends on our generosity and efforts right now.... vacationing in New Orleans has got to be one fo the most pleasant forms of assistance I have ever had the pleasure of. Cheers and thanks to those special people, now let's get busy financing those monster levees Uncle Sam ! Mimi Coffey

Common Sense

2006-06-25T08:41:00.000-05:00

Arthur Anderson goes down. Enron goes down. Big CEOs in jail. The nation woke up one day and said enough is enough. Don't tell us that just because you hire the best accounting firm you can create your own tax breaks by creating sham companies; just because the SEC in the past has winked at insider trading we are going to continue to allow the big CEOs to get rich because they know when to trade or sell (even going after small trades like the Martha Stewart case). Whether or not all those involved in the crackdown were deserving (in the Anderson case apparently one nose bleed CPA type brought the whole firm down due to bad ethics) I cannot say but what it obvious is that the press through the nation got the legislators and judges concerned and the rest is history. The same needs to happen for DWI. Bad ass lawyers have a job to do but we don't serve as the press. Some of the 1.4 million DWI arrestees (this statistic in contrast to NHTSAs approx. 17k alcohol related deaths) need to stand up and cry foul !! This country has a huge embarrasing problem when we are arresting 99 people for the one idiot who drank too much and killed someone. I WILL BE THE ONE TO SAY IT AND CALL A SPADE A SPADE: BASICALLY ANYONE WHO GETS PULLED OVER WITH ALCOHOL ON THEIR BREATH IS GOING TO JAIL. The field sobriety tests are designed for failure and are ridiculous (this country would go into fullscale war if we made people do these tests to get their driver's licenses on the same NHTSA grading scales). Why the hell do we use breath test technology for evidentiary purposes when for all practical purposes you cannot retest the samples and the tolerance between two samples is so damn high that the body cannot even physically metabolize the difference (.02) within the 2 required minutes ?!? Give me a break why don't ya ?! Now we have a MINIMUM $3k surcharge from Texas DPS you have to pay once you get convicted on top of fines, court costs and court related expenses ?! That is double punishment (OR DOUBLE JEOPARDY FOR YOU JUDGES AND LEGISLATORS READING THIS BLOG AND CAN DO SOMETHING ABOUT IT) and serves NO purpose except for people like me to say "Texas DPS is in the business of making money." This is no different than in the wild west days the local powers that be (the women's Temperance unions because you know the sheriff's were enjoying some drinks at the local saloon) would tax the hell out of liquor establishments to try to get rid of them. Women would parade around town with sign that said something to the effect of: "No lips that have touched liquor will touch mine" (the pics one can find are hilarious !). Yet history repeats itself - the women's temperance union of the 1800s have now turned into MADD. MADD is not about helping victims anymore (even their founder claims this and has left the organization: Candy Lightner whose daughter was killed in a DWI) they are about creating victims: the responsible social drinker into an undeserved criminal. Mend need to quit being impotent and stand up to this nonsense- pillowtalk aside, geez ! Women need to quite lumping everybody together in blind distraction of the real victims out there. Common sense which is not so common anymore......... QUOTE ME, BRAND ME, MAKE ME THE WHIPPING BOY (girl that is) I DON'T CARE. I CONSIDER IT AN HONOR. I AM NOT IMPOTENT, POWERLESS. I HAVE COMMON SENSE AND I AM NOT AFRAID. I AM A PROUD AMERICAN AND AMERICA NEEDS ME AND YOU RIGHT NOW ! HISTORY REPEATS ITSELF.... 100, 200 YEARS FROM NOW SOMEONE WILL REMEMBER AND CALL A SPADE A SPADE. I WILL BE ON THE RIGHT SIDE OF THIS WAR. Now everyone: if you do drink, go forth and drink responsibly. Mimi Coffey

crime and punishment

2006-04-20T23:23:00.000-05:00

What is the purpose of penal code laws ? A society without some limitations or consequences for bad acts could be one that keeps its members in fear or exposed to danger is the bottom line. (Yet look at the Netherlands with some of the most liberal penal code laws and their extremely low crime rates.) How do you define a bad act ? What are legitimate fears or dangers ? That is where I think modern American society risks losing good members of its population. When people get unjustly punished they sometimes lose their desire to contribute positively. When people are having their lives ruined because MADD has encouraged a legal system in which anyone who drives with any alcohol on their breath despite their sobriety ends up in jail due to nonscientific tests that are designed to fail anyone who submits to them and the players (the police) who carry out these acts are rewarded for their numbers all irrespective as to whether or not the individual was actually committing a dangerous act (driving when in no condition) or not metabolically a threat to anyone (mere consumption of alcohol alone does not create menaces to society) we are going overboard. Yet we yank their driver's licenses (ability to make a living and live freely), penalize them with minimum $3k surcharges by Texas DPS (who now is in the business of making money outside of what happens in the criminal court) and load them up on probation filled with alcohol rehab classes designed for those who really have problems (not the guy or girl who responsibly enjoys drinks to enjoy life and doesn't harm themself or anyone else nor qualifies as someone in need of treatment) or worse yet imprison those who are safer drivers in their sober state (sober does not mean one cannot consume alcohol) than fatigued drivers- what are we doing except ruining people's lives in a very lasting, permanent way ?? Sadly enough, although there are plenty of DWIs that are very deserving of punishment and rehabilitation of some form the greater number of them today are just illogical carried out acts of dogmatic ideology that only aims to punish people out having a good and responsible time. I see it as retribution from those in society who are so deprived in life that they must punish anyone who has learned to really enjoy their lot in life with common sense and the simple pleasures of responsible social drinking. In modern society, the have nots who live and die by depriving themselves of everything good in some blind and misguided faith are taking out their personal shortcomings by salivating on opportunities to hurt those who are not deserving. There is nothing wrong with good, responsible fun or the letting off of a little steam to deal with the daily challenges each day presents. Those who let this get out of hand or who are irresponsible where it risks others' safety should meet responsibility in a just fashion; but a responsible society cannot punish those who drink and then drive just because others are not having as good a time in life. I think the world would be a much better place if we all used a little common sense for the good of our fellow man. It is not right to have "office policies" when it comes to DWI and treat every one and every case the same. It is not right for cops to arrest everyone who has been drinking just because they can't pass the field tests when they know the person is sober and couldn't pass them on any given day. It is not right for judges to feel that they cannot use their discretion when they have the opportunity to do so and justice demands. It is not right that prosecutors continue to prosecute drinking but sober people because their bosses say they have to(their oath is to administer justice not seek convictions in every singe case). It is a shame when the state of Texas with a budget in the red decides to make up for it by asking for ungodly sums of money (minimum of $3 to $6k per conviction) of those convicted of DWI simply because DWI arrestees are people who can pay. All we are really doing is creating a huge class of uninsured motorists on the road with no liability policies. We have a deceptive and misguided public policy campaign so powerful that no one dares to stand up to it (legislators). I have never advocated irresponsible acts of drinking and then driving nor shall I ever; but this modern witch hunt is not right and our laws and its aims must be proportionate to what is just and right- not what's popular for the day. Slavery too was once popular but that did not make it right. I truly wish that everyone just learn how to enjoy their life- take in a good bottle of wine with dinner with friends, enjoy ice cold beer with spicy crawfish at a backyard crawfish boil, raise up a martini to toast the promotions and accomplishments of life, crack open a 24 pack of Shiner Bock with friends over ribs and a pool party among the other ways of enjoying people and letting off a little steam. There is nothing wrong with abstaining from alcohol where that is one's personal choice but it shouldn't equate to a life of self denial in every regard for everyone. My favorite prosecutors, judges and cops are those that know these lessons well. They can enjoy life and it puts everything in persective including being good to people and bringing justice to the world. We all live and die, those of us who are smart are going to have fun while doing it and making others happy in the process. The older I get, the more important I find it is to have a good time..... of course responsibly ! If we were all good to people, there would not be a need for crime and punishment in the first place.

Out of Control

2006-03-18T08:08:00.000-06:00

There are a lot of wrongs in life that you just can't do anything about. The whole idea about a justice system and a penal code is determining what is a wrong and what should be done about that, meting out a just remedy or punishment. Part and parcel to these notions is the blind lady of justice or the notion that justice is irrespective of race, gender, partiality or favoritism. You would think that years of education and law school would make one better trained at throwing out biases when seeking justice and calling a spade a spade. I mean if you don't box, you may not want to get in the ring to avoid the punches but boxers know win or lose there will be punches. Why can't judges throw out the biases when it comes to cops ? Some of the punches in the ring have to go to the defense because that is just a reality. Sometimes the cops and the prosecutors have to take a punch. Why some judges are hesitant to this reality I can only assume is due to the politics of DWI. Slavery use to be legal due to the politics of its time despite its unconstitutionality. Politics has a history of justifying wrongs which history eventually sheds light on. The good ones (judges that is) do of course, but I find it incredulous how just because people wear badges their mistakes get excused under legalese designed to create grey areas in the presence of black and white. I can't explain why this happens (fear of reprisal ? bad word of mouth in the law enforcement community ? trying to score brownie points with prosecutors so they don't run against them in the next election ? who knows ?) All I is know is the aftermath .... what happens when you don't call it like it is. The truth is you create a monster. Whether it's cops or wannabe American Idols- if you dont' shoot straight with them everyone suffers. The difference with cops is they tend to destroy more than one's sense of good music taste; they have the power to destroy lives. A good example of how ludicrous this can get is by renting the Worst of American Idol (seasons 1-4). This young man seriously auditioned by singing Madonna's "Like a Virgin." The only thing that can be said more shocking than his performance is that his audition was done in earnest; it was not a joke. Afterwards he was asked how his parents and friends felt about his singing, he rplied that no one had ever told him what the judges had told him(that he was seriously bad and that he should stop singing all together). To see his shock at this line of questioning and the judges' responses defied all common sense. My concern just as a viewer was what cruel infuences he has had in life to put him up to this. Unfortunately I get to see this up close and in person with cops that turn into monsters because judges and prosecutors won't at times (and certainly not all) call a spade a spade. Years ago in one of my very first motions to suppresss where the entire stop was captured on video and my client had done nothing illegal to get pulled over, the cop took the stand and explained that due to video resolution the tape couldn't show the weaving. As I sat there taking this all in, in my naivete I thought he had to be one of the dumbest and most dishonest cops possible. My dumboundedness was only broke when I entered the twilight zone as the judge denied my motion without hesitating for a second. I wish I could go back in time to see his reaction (for sociologists and FBI profilers I am sure it would have been telling) but I was too shocked. Since that motion years ago, when that cop learned he could get away with anything I must witness and deal with his more dangerous acts. Now he literally puts people's lives in danger. One of my clients was speeding to the hospital to get his wounded girlfriend to the emergency when he gets pulled over by him and after a brief assessment of how serious his girlfriend's condition was (his own narration on the video) proceeded to conduct a 20 minute DWI investigation and arrest before calling the ambulance. Now has gone so far as to arresting fellow officers who are not guilty (his own admission of knowing he would lose the case to the prosecutor) for DWI. Next, I am sure he will work his way up to prosecutors and judges if he gets the chance. He is already terrrorizing the public with his unjust DWI arrests. Another one of his arrests was a girl woke up from a dead sleep who rushed to a local restaurant to check on the burglar alarm (hadn't even put on her shoes). Rather than appropriately investigate the alarm, he arrests her for DWI. I could go on and on and on.... I guess it will take one of the brass (a prosecutor or judge) getting arrested before they see the monster they have created. In his own false world, I am sure he thinks he is a hero.... until another cop gets a hold of him. Word on the street among officers is (as I have been told) he better not get caught asking for help outside his jurisdiction. Now, that is sad... when fellow officers know there is a problem before the courts are willing to do something about it. . At least, I can sleep at night knowing I've tried and keep on trying to do what is right- this is all I can do. But the silver lining in the clouds is what good prosecutors and judges can do. No justice system is perfect, that's why we must have defense lawyers, prosecutors and judges working together to bring about the best possible results. There are plenty of good judges and prosecutors nipping those Frankensteins in the bud.... just one example of how dangerous it is when even one slips away. Post comments....... Johnnie Cochran wrote in his autobiographical A Lawyer's Life , p.111 "Furhman lied because he felt comfortable lying in a courtroom, because the system had always tolerated his lying; judges looked the other way and jurors were supposed to accept it. But not this time, not this time." Turning a blind eye to exaggerated truths by law enforcement officers is a national problem, I just hate to see it in my own backyard, the backyard I took an oath to monitor and protect in my role as a defense lawyer.

felony dwi trials

2006-03-16T08:53:00.000-06:00

It is amazing to me how there are special constitutional exceptions when it comes to DWI just like there were special constitutional exceptions to allow for slavery due to the politics of its time. For murder or any other crime virtually, a jury would not hear about one's prior criminal history so that a citizen could get a fair trial yet DWI has been made an exception. It is just another political use of injustice just like the fact that you can get deferred adjudication for rape or murder, even early release from probation for these violent crimes yet you can't get it for DWI. The typical face of a DWI is a middle aged guy pulled over for speeding after averaging 4 drinks over 3 or 4 hours (which does not put him over .08, one drink for a 175 lb man is approx. .02 and he metabolizes 2/3rds of it in an hour) and he just can't hold his foot up perfectly for 30 seconds (a one second sway and lifting his arms up one second causes him to lose his balance) and out of 18 steps on the walk and turn he steps out of position during the 30 second demo (which the cops don't have to do and is the most difficult part of the test) and he goes to jail and gets convicted (the HGN or eye test done by cops is of minimal value, caffeine and aspirin can cause your eyes to jerk). This is why for every 100 people arrested only 1 has caused an alcohol fatality (NHTSA statistics, 1.4 million DWI arrests a year for 17k fatalities). The public thinks the felony DWI offender is the one out there who every time he turns the key may cause a death when in reality a large portion of those who go down on felonies are those above described circumstances: normal people after averaging less than a beer an hour who can't afford a lawyer or get one who is willing to fight (odds of losing a felony trial in Tarrant county are 96%) and they can't risk a loss where it means 10 years in the state penitentiary yet child abusers and robbers are getting off with less. I am not blaming lawyers, most realize that no matter how sober their clients look on a felony DWI most jurors can't see past the two prior DWI convictions (although they know nothing of those circumstances) and understand that the judge being elected and feeling the pressure from the electorate (more responsive to MADD soundbites than facts) may send a guy or girl who hasn't hurt anyone nor had the potential to prison. Sure there are irresponsible alcoholics and those who are not even alcoholics who commit dastardly deeds by the mere act of getting behind the wheel when they are in no condition to but these few virtually never go to trial and I agree they should be given a serious consesquences. Our justice system should stop meting out the one size fits all punishments where both judges and prosecutors alike refuse to look at the individual facts and people but mete out "office policies" on DWIs. Justice has on a systematic level within the courts across America where plea bargains are negotiated have left fairness out of the equation. It is my job as a criminal defense attorney when I took my oath to carry out the laws and do the best I can for my state and country to ensure justice to do something about this. In my little world, all I can say is that I'm trying.... I have always believed people are good. The people just don't know...

hypocrisy

2006-03-13T12:36:00.000-06:00

Why is it that our current lawmakers want to lie to the public ? Drink. Drive. Go to Jail. !!???? Let's call it for what it is... any one with any common sense knows that you can't go to jail/prison for going to a restaurant/bar and having a few responsible drinks and then going home. Why are we scaring people ?? The penal code punishes irresponsibility not living life ! What would be so wrong with "Drink Responsibly. Driving intoxicated Puts Others at Risk and You in Jail !" I'm 37 so technically a generation past the "flower children" of the 60s but as I recall from history, those were wild and crazy times (where consuming a couple of beers didn't even get you an invitation to the party) and these same people (outgrown of their wily and liberal ways now cloaked in "compassionate conservatism") want to put everyone in jail for the mere act of consuming alcohol even if you are sober ?!? Politics aside, I think everyone of every age just wants common decency, honesty and consideration of others. I never dreamed that my job as a criminal defense lawyer would turn me into the poster child against the extremism of MADD just because I'm trying to interject much needed common sense against the hypocritical zealousy of flower children who never understood the concept of moderation to begin with.

2006-03-11T12:23:00.000-06:00

First I should introduce myself which might explain the reason for this blog. I am a 37 year old lawyer with 4 kids who lives in Texas ( Fort Worth and Dallas to be specific). Diplomacy is the nature of any trial lawyer's job but that does not prevent us from having a voice outside of the courtroom in the interest of all mankind. I truly believe that a sound, logical, intelligent voice is largely lost among us in today's politics. First of all, political positions by their nature don't pay enough. State representatives in Texas make approximately $7k a year when the House is in session plus about $100 a day per diem. This past session including all the special sessions to solve school financing which went unsolved took up about 8 months of the year. It is simply not possible to maintain a minimum standard of living while supporting a family and serving in the state house without being independently wealthy. This explains why so many of the laws are out of touch with the people of Texas and more aligned with special interest groups. We must first make the lawmaking positions available to everyone by paying a decent salary. Public ignorance and sublime content with the unknown has now led to one of the largest and proudest states of the United States with yet still an unfunded and unconstitutional public school system. Pat Carlson, former chairman of the Tarrant County (Ft.Worth) Republican party was quoted in the Fort Worth Star Telegram as saying that "education was not a priority of the conservative movement." To put a human face on this, I was shocked to find out that the honors classes at Tannahill Intermediate (5th & 6th grade) where my second son attends (and was in last year) no longer exists due to lack of funding. Our children are suffering while India and China leave us behind educationally as they take over the scientific innovations and developments which Americans use to be so world reknown for. This is not a Republican or Democratic problem, it stems from bad infrastructure and political apathy. We must pay our legislators a salary so that we can get some worth having ! Children rely on us for their education as well as protection. We must, must do something. Generation X which has always been and continues to be spoken for by baby boomers must (out of no disrespect) rise to the occasion despite our numbers. Everyone's future wellbeing depends on this.