My Holiday Message In These Divided Times

Hard to imagine an uglier environment: the January 6th storming of our nation's Capitol, Republican Congressman Paul Gosar making an anime video of killing a Democratic Congresswoman, a rally in Charlottesville of young white men chanting "Jews will not replace us".   The level of hatred in this country is scary.   Does this represent the real America of today?  The answer is no.  Here is the plain and simple.

1.  Our country has always had division and differing political viewpoints.  Our system of checks and balances and a decent respect for eachother has always kept a lid on the kettle from blowing.  Both Democratic and Republican Presidents have been actively eroding the checks and balances by issuing forth executive orders that overstep boundaries. 

2.  Our country has historically looked towards experts and leaders for policy decisions, now everyone thinks they are their own expert with the help of Google.  This has dumbed down our effective responses to everything from the pandemic to climate change.

3.  In the past, people could not survive without contributing to the community. Whether it was town barn raisings to quilting bees.  Now everyone hides away behind their thumbs and Amazon, having everything delivered to their homes.  The sense of community where people actually shared the same physical space while looking at each other in the eye is a world apart from the all caps screaming hiding behind often faceless keys. 

So here is what is going on.  There is deep division among us.  This division is hardening.  What is different now than in the past?  In the past, we as an American people found our way amongst our differences over time to accommodation.  The reason why this is not happening now is because of foreign influence, Russian- to be specific. 

Just finished reading a book by James Clapper, former Director of National Intelligence. It is important to note that he served in different capacities under both Republican and Democratic Presidents.  In the wake of "The Election was Stolen!" cries, I wanted to distinguish "fake news" from facts.  It does not get more dry or truthful than when it comes from our CIA, FBI and DNI.  Here are two very important answers as to why our country is falling apart:

1. "We know now that the Russians had thousands of Twitter accounts and tens of thousands of bots that posted more than a million tweets. They posted more than a thousand videos on YouTube with days of streaming content. Facebook has said Russian content reached 126 million of its American users-an astonishing number, considering that only 139 million Americans voted."  Facts and Fears by James Clapper, p.395

And what exactly are the Russians saying? What is their message? What is their objective?

2. "The Russians are astutely and persistently exploiting this divisiveness with every controversial issue they can identify, and regrettably, we are a very inviting target for them as they target both sides of every issue. They exploit Black Lives Matter by pretending to be hateful white people online, and they cite anger among targeted groups of whites by playing to black stereotypes, they engender fear of Muslims among Christians and vice versa; they stoke fear on both sides of the gun control debate and so on." Facts and Fears by James Clapper, p. 399-400

So going back to the solutions to the three problems (above):

1.  Our leaders must stick to the law.  Whether they are Republican or Democrat, executive orders should not be used to circumvent the framework of checks and balances set forth by the Constitution.   On that same topic, Congress is not a football field.  It's not about one team winning or losing.  That approach guarantees the American people will lose.  Our elected leaders must have the moral compass and conscientious courage to do right.  This means you don't fly to Cancun when your constituents are freezing to death without power.  It also means you hold accountable the criminals who planned, staged and attempted a coup of our nation's Capitol.  It's not always about the Party's agenda (as with the current GOP), it's about upholding an oath where law and people matter. 

2.  Why does everyone think they are an expert?  For one, everyone has access to a social media megaphone that tends to amplify with people of like mind. James Clapper cites in his book how Putin commissioned a study whose end goal was to academically dissect the best way to influence people.  What he found was that in modern times, people trusted "someone just like them" more than the experts.  Hence the proliferation of Twitter trolls and media bots. Putin's people perfected this art with the invasion of Ukraine's Crimea.  The fake accounts were what he used to perpetuate the spin that the people of Crimea wanted to annex back to Russia.  By the time the 2016 US election came into play, the Russians had entrenched fake profiles and perfected the art of media manipulation.  We must read and educate ourselves on issues from legitimate sources.  If not, we must defer to the true experts. We are too smart to be manipulated by the Russian trolls. Seriously. 

3.  In a world of instant gratification from shopping online to swiping right, people have become unsensitized to the needs of others.  It was Plato who said, "Caring about the happiness of others, we find our own."  The only guarantee that planet Earth has that it won't implode on itself is that mankind will continue to care about each other. 

Here is my 2021 message for all this upcoming November 2022 election:

1.  Incumbent Candidates:  reflect back on your service.  If the Party is demanding you violate your conscience, step aside or step up.  Your office is an office of trust.  Use it with moral courage and a respect for all.

2.  Aspiring Candidates:  examine why you are seeking office.  If you are seeking office because you somehow feel entitled by the color of your skin (both parties), social status or are seeking riches, look elsewhere.  Public office is a temporary passing torch.  Only those who seek to sacrifice for the good of humanity need apply. 

3.  Voters:  keep your faith.  Sure, a lot of candidates have disappointed you. Chalk that up to the nature of the beast.  No man or woman is perfect, nor can any one candidate deliver everything you want every time. Look intently on the motives of who you are voting for.  There is an old saying "When someone shows you who they are, you better believe them."  Remember the televangelist Joel Osteen in the wake of Hurricane Harvey?  He sure could talk a good game until it came time to open the doors to those hurricane victims in need. Thank you for keeping our democratic process alive. Remember, it's all about and for you.

A History Lesson on How to Solve Police Brutality

Over 500 civilian noncombatants, mainly women, children and the elderly, were massacred by American troops in My Lai, Vietnam on March 16, 1968. Only one military person involved was convicted, Lieutenant William Calley. Despite a conscientious helicopter pilot, officer Hugh Thompson, reporting the tragedy and demanding an investigation, the Army did what many police departments do in the face of criticism, they whitewashed it away.  Although they conducted an investigation "on the surface" which involved everyone from the ground soldier to the highest command, the massacre was ignored and false reports were issued commending the operation known as "Pinkville."  Police departments are set up to respond the same way with their "internal affairs" investigations.  Much is swept under the rug and true accountability does not exist.  

The world became aware of My Lai because the media got a hold of the story.  A young GI Ronald Ridenhour heard of the atrocities first hand from his fellow soldiers and wrote letters to the President and other officials in Washington.  A dogged reporter, Seymour Hersh of the New York Times relentlessly pursued the facts to a point the Army was forced to conduct another investigation (the "Peers" investigation).  Due to the media (a widely watch 60 Minutes special) and a Congressional investigation the public demanded accoutability.   When it was all said and done, the truth came out.  My Lai greatly influenced pulling out of the Vietnam War. Despite only one soldier being held accountable (even his sentence was commuted), the lesson was and remains clear.  One cannot enturst to itself accountablity.  The Army would have never admitted the My Lai massacre on its own.  We cannot expect that police brutality will end if the police are left to answer to themselves. Internal affairs departments must be replaced by independent citizen accountablity boards. Law enforcement must answer to the public it protects. To assume that it can properly police itself exposes everyone it "protects" to danger, including the good police officers who are not in a political position to stand up to the wrongdoers who control the police disciplinary process.  In order to encourage and promote good police officers, they must feel protected by a fair process.  To allow the police to conduct investigations of their own wrongdoings is akin to letting the fox into the hen house.  

The aftermath of My Lai is that we should all take a lesson in history and never accept wrongdoers to be in a position to right a wrong.  My own 25 year experience being a criminal defense lawyer and a witness to much wrongdoing by the police has taught me that internal affairs are not to be relied upon for truth or accountablity.  Create accountablity boards for our police departments nation wide. This will do much more to stop the George Floyd incidents of tomorrow than anything else. We must remember, never trust accountability in power.  Anchor accountability to independence and objectivity. Create citizen boards, much like school boards.

John F. Kennedy: The Importance of Goals

John F. Kennedy declared to Congress on May 25, 1961 that the United States should lead the world in space aviation and put a man on the moon by the end of the decade. Assassinated before he could see it, we did indeed successfully land a man on the moon. When Neil Armstrong took those first few steps, he radioed back to NASA, "That's one small step for a man, one giant leap for mankind."True leadership is articulating a much needed goal and making it happen. Many scientific, computer, industrial, and medical advances resulted from the NASA project.  We take MRIs, satellite communications (weather predictions, GPS, etc.), advanced heat withstanding metals and many more NASA moon related developments for granted.

Born in 1968, I was too young to celebrate the July 1969 moon landing with our jubilant country. Such a triumph defined not just our nation, but the positive mental health of a people.  JFK openly  discussed the finances of such a colossal mission with the public. By doing so, he made everyone feel a part of the project. He said the project cost each American family fifty cents each week, or in today's dollars-five bucks.  This mammoth undertaking took great finesse to achieve. JFK envisioned and articulated the aim.  Congress, namely key players such as Vice President and legislative power broker Lyndon Baines Johnson brought it to fruition.  Vice President Johnson got Texans Albert Thomas, chairman of the House Appropriations subcommittee on Defense (overseeing NASA's budget) and George Brown (of the construction magnate Brown and Root, Thomas' college room mate at Rice) involved. George Brown also served as Chairman of the Board at Rice University. Through his connections, Brown got Humble Oil (now Exxon) to donate 1600 acres of Clear Lake, Houston land to Rice. Rice in turn, donated a thousand acres to NASA for the Manned Spacecraft Center. By spreading the largesse of NASA projects across many different jurisdictions, JFK secured the votes needed to keep NASA and its mission funded. JFK wisely chose James Webb, an attorney with military experience who had also served under Truman in the State Department, to head NASA. Webb shared JFK's passion.  Webb had to fend off attacks as well as steer and coordinate all departments from engineering to accounting (where the budget was constantly under fire). It took monumental strength, perseverance and vision to see the project through. NASA suffered setbacks, a rocket fire which killed three astronauts, a restless Congress weary of huge expenditures, and the brutal slaying of our President, NASA's chief supporter and visionary. Through it all, the country plugged ahead to the sweet culmination of Apollo's 1969 "Mission Accomplished."

Our country is once again in need of vision, the courage to tackle huge problems with resolve and optimism.  We have within our grasp the challenges of curing cancer, ending poverty, and tackling energy problems with environmental friendly alternatives, just to name a few. Presently, we have a virus, Covid-19, that has stretched our country's resources and economic health to the brink. We need the kind of audacious, altruistic and competitive resolve John F. Kennedy led with by throwing down the gauntlet on May 25, 1961.  Leadership is not just making a country better than it was before. True leadership is the mettle to make it better than anyone dreamed it could be. 

Covid-19, Release of Violent Offenders

The News has reported that inmates in jails are being released due to covid-19.  Is this true?

Yes. It has been reported and confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have the coronavirus.  This is a problem due to increased community spread in the jail environment; which outside of putting inmates' health in danger, endangers the lives of the jail and prison staff and adds more pressure to the hospital community.

Are jails and prisons releasing inmates?

Yes. This is not a blanket wide release of everyone in jail or prison. Each state, jurisdiction (federal or state), and county is making their own guidelines on release.  75% of all inmates in Texas county jails are not convicted. They are awaiting their case resolutions.  

What about the release of violent offenders?

Govenor Abbot issued executive order GA 13 which forbids the release of anyone who has been convicted of a violent offense or is charged with one. This does not mean that they cannot bond out. This simply means that they will not have the benefit of getting out at no cost, as some will be.

What does the early release of inmates legally mean?

The provisons of law regarding habeas corpus under Texas Code of Criminal Procedure, chapter 11 will not apply to inmates who have violent offense convictions or are charged with one. The safeguards against being held without a charge under Article17.151 (being released on personal bond or a reduced bond at 90 days) do not apply to "violent offenders" (see above, past convictions for violent offenses or present charges of such). The time has been tolled under the Governor's order due to covid-19.  Everyone being released will have to face their charges and sentences, if applicable, at a later date. 

What legal authority does the Governor have to keep "violent offenders" (see above definition) in jail without the benefit of covid-19 huminatarian releases?

The executive order outlines his authority:

 WHEREAS, the “governor is responsible for meeting ... the dangers to the state and people presented by disasters” under Section 418.011 of the Texas Government Code, and the legislature has given the governor broad authority to fulfill that responsibility; and

WHEREAS, under Section 418.0 12, the “governor may issue executive orders hav[ingJ the force and effect of law;” and

WHEREAS, under Section 4 18.016(a), in addition to the other powers given, the “governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business ...if strict compliance with the provisions would in any way prevent, hinder, or delay necessary action in coping with a disaster;” and

WHEREAS, under Section 4 18.017(a), the “governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster;”

The laws of Texas give the Governor. great authority to issue executive orders, particularly in times of "imminent threat of disaster." The Commissioner of the Texas Department of State Health Services has determined that COVID-19 to be a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code. In issuing his executive orders, the Governor has certified such under Section 418.014 of the Texas Government Code.

What is the practical effect of the Governor's order?

Of course, there are some legal entities who have announced they will disregard the Governor's orders and some lawyer groups are threatening to take action.  It is important to remember the lessons of history. The most famous American habeas corpus case involved John Merryman. As the country was dividing over the issue of slavery, John Merryman and a large group of rioters burned railroad bridges and cut telegraph wires in order to prevent Union troops from reaching the Capitol. Merryman was arrested and Supreme Court Justice Roger B. Tany, riding circuit court, granted a writ of habeas corpus to secure Merryman's release. President Abraham Lincoln ignored it. The U.S. Consitution provides in Article 1, section 9, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invastion the public safety may require it."  Lincoln declared that the suspension of writs was more to prevent harmful behavior to the country than punish an individual. Eventally, President Lincoln granted universal amnesty in an effort to unite the country. John Merryman was never prosecuted.  It would be wise to remember that these are not normal times.   The Governor has not abolished bail for those accused of violent offenses, he has just deprived them of the unusual mechanisms being deployed now to empty the jails to prevent catastrophic covid-19 spread and consequences. 

On the topic of Violence during these trying times...

We all know that violence is unacceptable. We also all know that stress can produce unhealthy behaviors. As many are losing their jobs, unable to pay rent and mortgages, worrying about their next meal,  please remember to practice great patience and forbearance. Practice the 24 hour rule, hold your breath and promise that you will think about your response for 24 hours before saying or doing anything. You will find a good night's rest will help you see clearer and make better decisions. Focus on the big picture, and know that you are not in it alone. We are all in this together with you. This will be over.  Remember that what is important is WHO you are now, so watch carefully what you do. Do not react selfishly. This is not the time for employers to furlough or lay off people. Take care of those who take care of you. See the longterm picture. Find a way to take care of those around you. The government's stimulus package can help. There will always be time to recoup on savings, retirement and pay back loans. There may not ever be another time where you can prove to your loved ones, and those whom you are obligated for, that they are more important than you.  We are what we do, not what we have. Take a breath and in the meantime, focus on what Mr. Fred Rogers said, "Look for the helpers, you will always find people who are helping." Be one of those helpers.

To all- be safe.   -Mimi Coffey

The Biggest Misconception in DWI

The biggest misconception in a DWI is to correlate a single bad driving behavior with guilt in a DWI. Whether it be a jerk (failure to maintain a single lane), accident (losing control and hitting something like a curb, pole, or another car), or stopping too long at a stop light, this may very well be evidence of driver inattention unrelated to intoxication. I have analyzed thousands of DWI cases and have tried over 300. What I typically find is a prosecutor who argues that the driving behavior which so often happens due to driver inattention be argued as clear evidence that a person is intoxicated. This is simply not fact. The facts are that every day drivers commit these violations due to distraction, inattention, fatigue or a host of other factors. Accidents are so common that the law mandates a driver operate a motor vehicle on our public roads with liability insurance.

The mere fact that a driver commits these with alcohol or a substance (medication, drugs, caffeine, etc.) in their system is not evidence that the alcohol or substance caused this driving infraction. Driving even a short distance requires full and undivided attention. The fact that we all commit such blunders, as a driving population, does not mean a person is intoxicated. Recent studies have proved that lowering the alcohol level to .05 does not decrease the amount of accidents on the road. What is important to consider in a DWI case is that driving behaviors so often associated with DWI may not in fact be the root cause of such.

It is critically important for the fact finders of our legal system, judges and jurors, to differentiate driving mishaps from life altering DWI convictions.  It is even more important for the prosecutor, charged with making a recommendation in the case, to not analyze the driving behavior in isolation. Time of travel, distance traveled, and factual distractions must be taken into account to render a proper assessment of whether or not the driving infraction is evidence of possible intoxication or something else. 

So many DWI cases are assessed under the microscope of a single driving infraction. This is short changing the citizen accused of the real question- intoxication. It is all too easy to label a DWI based on a single driving error. To do so is to avoid a full analysis of the real question at hand. There are many people who commit driving errors all the time. The key is to keep an open mind about the totality of the circumstances, a phrase most every police officer uses when testifying on a DWI case. It is imperative that no one jumps to conclusions when assessing  the guilt of a citizen accused in a DWI.

For more top dwi attorneys visit: DWI Attorneys Tarrant County and DWI Dallas County  

Mimi Coffey DWI/Criminal Defense Lawyer Credentials

Mimi Coffey is DWI lawyer with 24 years experience and the founder of The Coffey Firm, which specializes in DWI and Criminal Defense. I handle a wide range of cases from class B misdemeanors up to 1st degree felony offenses. In addition, I have appeared numerous times as a legal commentator for CNN, Fox News, as well as local Dallas/Fort Worth stations. I am board certified by the National College of DUI Defense (NCDD) and also listed on several “top” directory listings such as DWI attorneys Tarrant County, DWI Lawyer Fort Worth, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. I am a caring DWI Lawyer in DFW, I am also involved in the Texas Tech School of Law foundation and I enjoy using the skills I have developed to give back to the community..

Mimi has appeared as a legal commentator for CNN, National Fox News, and local Dallas/Fort Worth stations on DWI-related stories. She is also a frequent speaker at both national and state-wide seminars. Mimi is an experienced attorney with a proven trial record (over 300 cases, with 80% of them being jury trials). Her successes include everything from .21 breath tests, blood tests to 3 car accident cases. Mimi’s cases have also made excellent case law for the State of Texas. She even sued the Texas Department of Public Safety in federal court on the Texas DPS surcharge program.

She has won the President’s Heart of a Champion Award from the Texas Criminal Defense Lawyers Association (TCDLA) numerous times. Mimi also led the effort to get the Texas Board of Legal Specialization to recognize the NCDD’s DWI Certification.

Mimi has been active over 4 legislative sessions in fighting against bad DWI laws. Her efforts prevented the breath/blood test refusal as being a separate crime. She has also argued for true deferred adjudication for DWI. It was her bill that was passed by State Representative Charlie Geren that entitles citizens accused to a copy of their DWI video tape, previously forbidden by law.

Mimi has written and been published on DWI/DWI related articles four times nationally and six times statewide. She is the author of Texas DWI Defense published by Lawyers and Judges Publishing, now in its second edition.

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Shocking Legal Truths on DWI

The way our government is created is simple. The legislature passes the laws and the judicial branch enforces it. That is the way it is designed. This is not the way it works. The Constitution is the framework that guarantees all rights and sets the parameters for all the state legislatures to follow when passing laws. Simple? It should be. Who on earth would dare defy the Constitution? Judges do it every day. Not just in Texas, but everywhere. Examples:

In the State of New Jersey, you can't have a jury trial for a DWI. Yes, the United States Constitution says you are entitled to a jury trial when accused of a crime, but the New Jersey judges ignore it. NCDD member John Menzel took this case up to the highest Supreme Court in New Jersey recently, yet they still decided against following a basic tenet of the United States Constitution.

In the State of Ohio, their Supreme Court has said in Ohio v. Vega that you can't cross examine a breath test machine. What?! You ask? What about the right to cross examine witnesses? Yes, the United States Constitution guarantees every citizen accused of a crime the right to cross examine their accuser. Does this include a machine that says you are guilty (the operators, the scientific lab director, etc.)? Of course, but not according to the Supreme Court of Ohio. NCDD members Shawn Dominy and Tim Huey has been attacking this nonsense for years and in 2014 a brave Ohio ruled the Intoxilyzer 8000 was unreliable (because it is) in Ohio v. Lancaster. Yet, Ohio v. Vega remains the law in Ohio.

In Texas, there is no such thing as double jeopardy when it comes to DWI. Once the court sentences you, guess what? Without any hearing, a whole different branch of the government sends you a bill for $3,000 to $6,000 because you got convicted. This is higher than the maximum fine a court can punish you with in a misdemeanor class B DWI. What happens if you don't pay it? You get arrested for driving with an invalid license and tagged with usurious late fees and interest on top of the surcharge. How can that happen, you ask? What do the judges have to say about it? How can a government agency act independently and with no abandon from the state's entire criminal justice system? I can't tell you. I sued the Texas Department of Public Safety over this illegal (no due process and excessive punishment, both illegal under the Constitution) surcharge program in federal court and a federal magistrate dismissed my case (this litigation I undertook cost me personally thousands of dollars).

There are so many more examples of how laws are not followed in many states when it comes to DWI.

So, what is going on? Across the country, citizens accused of DWI hire lawyers expecting that whether they are guilty or not guilty the courts will guarantee their Constitutional and legal rights throughout the process. Guess again. Why is this happening? I have practiced law 22 years. The answer is "the ends justify the means." Judges ignore the Constitution and laws because they think the public does not care. The truth is the public does care, for many reasons. One of which, is they or someone close to them have been charged with a DWI (average of 1.4 million DWI arrests in the U.S. every year).

I don't support DWI. No one does. My clients accused of DWI don't support DWI, but not supporting DWI does not mean we don't support the Constitution and our laws. Good people make mistakes. We all do, and when we do- an advanced civilization guarantees to its people basic protections and guarantees. The common thread in this country is that our Constitution and laws are supposed to apply to everyone equally, no matter what they are charged with. It is time for judges to follow the law. This means they must have courage. No American citizen wants a court where our Constitution and laws are ignored.

The one thing I have learned in 22 years of practicing law is that courage in the law is rare. I am a 5'2" half Japanese, 49-year old female. I have never served in the military. I never played varsity team sports (not counting tennis). Neither one of my parents graduated with a 4-year college degree (they both dropped out of high school). I don't have a distinguished lineage, nor did I inherit any wealth. But courage does not take brawn, money or military training. It just requires a good heart and an honest conscience. I never sought out to be courageous, I just chose to do right at the forks in the road. I chose to:

1. Sue the Pantego Police Department (their officer in my client's case) when they illegally used police officers to draw blood.

2. Sue the Texas Department of Public Safety over their DWI surcharge program in federal court.

3. Stood up to the civil lawyers of the City of Ft. Worth when they refused to give me the blood discovery on my client's blood cases. They finally gave up after multiple hearings where judges shot them down by giving me what I am legally entitled to.

4. Fought the City of Arlington when they illegally tried to bill me over $500,000.00 for 6 police officer personnel files. No, it did not stop me. Yes, I got all 6 files and they had to deal with the civil lawyer I retained and the threat of going to the media.

These are just a few examples in my career where I had to make a choice, the easy one (give up, go with the flow) or the right one. In every decision, I was fighting not just for me and my clients but for all my fellow lawyers and their clients too. These battles were costly, time consuming, and took their emotional tolls, but to not fight was never a choice. Currently I am battling a national lab who has hired a civil firm, because they too don't want to hand over the blood discovery which may or may not prove their blood result is accurate. Just this past June, I tried to educate judges and prosecutors at the Advanced Criminal Law Seminar of the State Bar of Texas that Chapter 724 of the Texas Transportation Code specifies the qualifications of who and how blood can be drawn in Texas. Yet, our Texas courts still refuse to follow the law replacing it with 'a standard of reasonableness' because it is more convenient for law enforcement to let them do what they want.

A judge too must fight (the media, their colleagues) and be courageous to make the right decision. It is too easy to make the wrong and illegal choice, especially when it comes to legal issues surrounding politically charged topics like DWI. But just like forcing a child to take their medicine, it is necessary. The right decisions are so often the toughest ones to make. Following the Constitution and laws is the only protection we have in this country. Have courage. Just follow the law. I envision a time where the administration of DWI justice does not involve shocking truths.

3 Ways A DWI Conviction Can Negatively Affect You

One of my favorite lines is "I don't trust anyone who has not had a DWI." Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, "People who need people, are the luckiest people in the world" is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with:

Our Family (Willy, our German exchange son, is in a Texas shirt)

1. You can't host a foreign exchange student for 5 years from the conviction. Yes, shocker. Several years ago, my third son asked that we host the German exchange student at our high school because his host family was not working out. Without even thinking, I said "Sure." Yet, when they found out my husband had a DWI conviction they rejected us. Our German son was already living with us and was very happy. It took a Judge writing to the State Department to overturn their decision. It was a very scary moment in our lives that made no sense. Here we had a loving family providing a warm, happy home to a young, German future leader (all foreign exchange students build bridges of cultural diplomacy with positive ramifications between countries for years to come), and yet for no good reason the federal government was trying to use my husband's DWI as an excuse to bar us from hosting. My husband's DWI involved no children in the car, no breath or blood level (but a confession), no accident (he turned against a no turn posted sign), no prior criminal history and yet the State Department thought he was not fit to host a child?

2.  If you have a green card ("Permanent Resident") and receive a DWI conviction, finalizing the process and becoming a citizen is difficult. I am not an immigration lawyer (if you are in this situation, you should also consult with an immigration attorney), but recently INS has been delaying the process for some permanent residents to become citizens for five years. This of course, can always change. For those who do not have any legal status, expect to be deported immediately upon a jail or probation sentence. In the larger counties that I practice in, the police are calling INS for immediate deportation once booked in for DWI. Texas Senator John Cornyn has already introduced legislation for deportation upon a first DWI conviction. This did not pass, but federal policies on DWI and deportation are constantly changing and becoming more strenuous. What can be done in each situation is unique, according to the jurisdiction and people involved (prosecutors and judges vary on their approaches).

3. If you have a DWI conviction, you will lose your concealed handgun carry license in Texas. This occurs even if you did not have a handgun in your possession on the DWI. If you receive a DWI and there is a gun in the vehicle, you will receive a second misdemeanor charge of Unlawfully Carrying a Weapon. The current law bars your ability from obtaining a concealed carry permit for 5 years with a DWI conviction.

Of course, there are far too many negative consequences that accompany a DWI conviction to list. They include Texas DPS surcharges, increased insurance rates, banned travel to Canada, for some loss of job, contributing factor to divorce, alienation from family, friends and sometimes community. The depression, shock, and anxiety are intense and can become clinical. Risk of suicide is real. Please, please if you are suffering from these symptoms make sure to seek professional help. I am also here to help you. I want to know if you are suffering. This is very important to me so that I can help you. One day, this DWI will be a blip in your rearview mirror that eventually goes out of sight. Right after it happens, it is the giant object on every rearview and side view mirror as you navigate through life. You are not alone. Be strong, all of us make mistakes. Remember that mistakes have the power to turn you into something better than you were before.

Willy Brandt: Courageous Leader

My German exchange son, Willy Golz,  gave me a wonderful Christmas present this year: a biography of German Chancellor Willy Brandt written by Helene Miard Delacroix. I believe he was named after this great political icon. My soul is so inspired by the actions of this morally courageous leader.

Many American millenials may not know the story of Willy Brandt, but they would be better off if they did.  Willy Brandt was Germany's John F. Kennedy contemporary.  They both lived during the same time period, both rising to the greatest heights of politics. His is a story in courage, perseverance and vision. He was raised by a single mother, never knowing his father. His grandfather was heavily involved in the country's socialist movement to improve wages and better working conditions. Excelling in school, he was singled out for higher education that he would not normally have been able to attain at that time. Passionate about helping others, he immersed himself in the labor movement as the country moved towards Naziism. It eventually became so dangerous to be a part of an opposing political party, he had to flee the country to avoid imprisonment. He fled to Norway and Sweden, took on a new name "Willy Brandt" and continued his activities to help the people of Germany by learning firsthand of improved labor conditions in Norway and Sweden and remaining involved in the underground German political movement. He survived and fed his family through his writings while also educating the world as to the horrors of Hitler's regime.  When Hitler was removed from power, Willy returned and became the mayor of Berlin. He was mayor when the Soviets erected the wall separating West from East Berlin.

He envisioned a time where the East would be reunited with the West and dedicated a career to making this happen. He was a people's leader, both on a mass scale and one to one. He relished social engagements, enjoyed rather than despised the press, and the relationships he cemented propelled him to the country's highest reigns, the Chancellor. He always opted with courage to do the right thing, many times when it was very unpopular both nationally and internationally. Two such examples included when he opened direct communication channels with the Soviets and bowed at the Ghetto War Memorial to apologize for Hitler's atrocities.

Although his actions made the Allied powers very upset, they were the building blocks for eventual reunification of East and West Germany. He took critical steps to recognize  East Germany as a country,  which his counterparts and the country were unwilling to do (without which reunification would have been far more difficult). His brave efforts were rewarded with the Nobel Peace Prize in 1971.

His entire life was marked by taking the high road where his courage was a strong suit. A Soviet spy was found among his cabinet as Chancellor and he took the heat and political fall for this, even though he was the victim.  Willy Brandt never put himself over the good of his country. He led because no matter how unpopular his decisions, he persevered in doing the right thing. His moral convictions, vision, and hard work helped bring Germany from the ruined ashes of war and poverty to the powerhouse it is today.  Great leaders sacrifice for the good of others. Great leaders do this by never fearing. The world is a much better place because of people like Willy Brandt.

Give Me a Break, "Passing Judgment"

"My religion is very simple. My religion is kindness."

The Dalai Lama

"When I do good, I feel good. When I do bad, I feel bad. That's my religion."

Abraham Lincoln

"Any religion or philosophy which is not based on a respect for life is not a true religion or philosophy."

Albert Schweitzer

"God has no religions."

Mahatma Ghandi

"Be kind to all creatures. This is the true religion."

Buddha

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I simply can't understand why a minister should be fired from their church if they get arrested for a DWI (had a  client recently fired and a chaplain put on leave). People make mistakes. A church who is living what they preach should show mercy and kindness. The very essence of Biblical teaching is to provide standards to live by, not stones to throw.  Preachers pound from the pulpit "Let him who is without sin cast the first stone."

Many people make the mistake of a DWI. Most DWIs  involve no victims (people pulled over for traffic violations like speeding). No one goes out with the intent to get a DWI. DWI is more a misjudgment than bad judgment. If the President of the United States can govern the country (George W. Bush) with a DWI, a minister should certainly expect mercy from their church. If not, one should consider the worth of the church to begin with.

When a person gets a DWI, it is a traumatic self inflicted 'gnashing of teeth' punishment (pride, humiliation, embarrassment ). The most hypocritical thing a church can do is to cast them aside. It is repugnant to me that one's church may be the last place they find forgiveness and understanding.

I would simply like to point out that churches have a very important role in society. They provide counseling and guidance to the soul for many. It is time that churches reassess blanket policies that go against their very teachings.  A DWI is a mistake that anyone can make. A church should be a place one would expect forgiveness, compassion and understanding.

To conclude, a wise man (Lucius Annaeus Seneca, Roman philosopher, 4 BC A.D. 65) once said "Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful." No one is saying that religion does not have its good uses...

The Key to Being a Great Leader: A Lesson in Catherine the Great

What Makes a Great Leader: The Key

 I recently finished the book Catherine the Great by Robert Massie published in 2011 by Random House.  What made Catherine the Great so great ? First, it starts with ambition.  At 15, she left her native Germany and moved to Russia to marry Empress Elizabeth’s nephew Peter.  Through all her struggles in learning a new language,  culture and religion (Russian Orthodoxy forced upon her), and being with a young man who did not find her interesting or attractive, she persevered.  She commented early on that ‘only you can make yourself happy or miserable, despite the circumstances’. She had a burning desire to become the ruler of Russia, so she prepared herself. She read voraciously (philosophy, political history and the sciences). She was never without a book. She eventually created Russia’s first national library donating over 38, 000 books.  Her incessant reading made her wise beyond measure. Indeed, she was considered the most 'enlightened' monarch of all Europe.  She forced herself to learn Russian by studying assiduously. Her attitude, reading and open mind caused her to embrace her new culture; and in return, the Russian people embraced her, choosing her over her husband Peter to rule (also from Germany, who preferred not to study and adopt Russian culture as arduously as Catherine) . She never saw her father after age 15. Her mother departed shortly after she married Prince Peter.  She sacrificed being with her family and all the comforts of her native country for a possibility to lead. 

 Catherine at age 15

 Second to ambition, Catherine succeeded due to hard work. As ruler, she awoke early every day to start delving into work and typically finished at 10 or 11 pm  (work included dinners with diplomats and formal entertaining on behalf of the realm).  She always continued to educate herself alongside her work.  She formed intellectually significant relationships with the most respected philosophers of her time such as Diderot and Voltaire, eventually acquiring their libraries.  With such a powerful mind, she determined that she would raise the standard of living for all her Russian subjects. At a time when females were not educated, she formed the first schools for Russian girls.  She created Russia’s first medical school and mandated that every province must have a doctor (revolutionary at the time). Due to her high intellect, she was able to push the country forward in ways that were ahead of her time. By inoculating herself and her son Paul for smallpox, she convinced the people that this was indeed a safe and smart preventative.  She studied criminal law (and did indeed discourage and commute barbaric practices such as ‘racking’ during interrogations) and wrote  a much respected  guiding, general preface to laws called the Nakaz (at a time where the codes were unorganized and outdated) for the encouragement of a new set of laws.  She called together a parliament style gathering of over 600 Russians (that she created) for this purpose. 

Catherine, the workaholic

She expanded Russia’s territory immensely during her reign both by conquest and smooth negotiations. She was, at the same time, the most feared and respected autocratic ruler of Europe. Her military risks were calculated and well informed. While directing widely successful military strategy across the Turkish Ottoman Empire, she educated herself in the arts and architecture by consulting with talented artists and architects while accumulating an impressive art collection (the Hermitage) and the construction of masterpiece buildings and palaces that remain to this day.

Inside the Hermitage

Catherine’s supreme governing ability was also accompanied by a generous heart. She led an effort to free the serfs (slaves) early on in her reign. She created avenues of redress for grievances of serfs to curb abuse and hold landowners accountable. It is a fact that eventually Russia (her grandson) freed its slaves two years before the United States did in Lincoln’s Emancipation Proclamation.  When Great Britain repeatedly requested to contract for Russian soldiers to battle the colonists in the American Revolution, she resolutely refused to entertain such negotiations (so the British settled for paid German Hessian soldiers). This was her perfect opportunity to support monarchy over democracy, and she refused. 

Cream rises to the top. Catherine the Great brought a golden age to Russia in terms of education, medicine, conquests, the arts, and benevolent rule because she was wise.  To be a great leader on a grand scale, one must certainly make a vocation of reading and accumulating knowledge.  One must also cultivate a circle of intellectuals that knows no geographic bounds. The best of the best are the truly ‘enlightened’.  Through knowledge, one’s heart becomes aware and one’s judgment refined.  Greatness does not just happen. Truly great leaders live a lifestyle of benevolence towards humanity and an ever insatiable thirst for knowledge.  Margaret Fuller said “Today a reader. Tomorrow a leader”. Catherine the Great is such an example.

The Case of "Jane Doe": The Long, Hard Fight

For the sake of anonymity, the names of the involved have been changed or redacted.

Jane Doe is a hero of mine. With her permission, I share you her story. After four long years, we finally received justice. Jane Doe comes from a good family. Her parents divorced; they both invested themselves in raising good kids. She grew up with two older brothers who insisted on making her brave. Both handsome, dashing and fearless, they insisted on teaching Jane to skydive. Despite her persistent resistance, one day they literally dragged her out on a plane and forced her to jump (not alone of course). Little did her brothers know, they were creating a fearless fighter.

Jane was in her late twenties on May 16, 2012. She was working two jobs- a waitress and stock broker. She had worked so hard and was so good at saving her pennies, she bought herself a house. Her life was work, no husband, no kids (plenty of time for that later). Tired and exhausted, on May 16, 2012 after having a few drinks at home she decided to drive up the road to her local McDonald’s and grab a bite to eat. No one called 911. There was no accident. A police officer pulled her over for what the video tape shows to be innocuous driving. He claimed she was weaving. She got out of her car and performed a walk and turn and one leg stand test well (even passing the one leg stand according to the cop). They arrested her and against her will, drew her blood. Now the United States Supreme Court in April of 2012 (the preceding month) had declared the Constitution forbade drawing blood on DWIs without a warrant. This landmark case was touted all over the national news. This did not phase the Bedford police officer who had her blood drawn anyway according to a Texas statute which was no longer constitutional. Her blood results just did not add up. An expert witness verified our suspicions. I told her that the judge had an obligation to throw out the blood as it was unconstitutional. We had a motion to suppress the blood in violation of the 4^th amendment to the United States Constitution. The prosecution and I stipulated to all the important facts. There were no exigent circumstances. The Bedford police department had a system in place to have judges sign probable cause warrants to obtain blood. The Bedford cop made no attempt to get a warrant. I even had the Bedford municipal judge there who signs the warrant. To my shock, the judge denied the motion. So we went to trial and the judge let the illegal blood draw in. The jury convicted her despite overwhelming evidence that the blood draw did not match the facts. The blood expert (chemistry PhD. and former expert of the prosecutors) we hired testified he had no confidence in the blood result. The jury returned a guilty verdict on evidence that should have never been admitted. One juror, called me after the trial to discuss how troubled he was at the verdict. After the verdict, Jane was fired as a stockbroker due to the conviction. With such grave injustice, I advised her to hire attorney (redacted) to do the appeal. She struggled but somehow managed to keep her house and pay for an appeal at the same time. Jane never lost the faith that justice would ultimately prevail.

In the meantime, the judge put her on bond conditions (probation department) despite the conviction not being final. The conditions were far worse than while her case was pending. For anyone not familiar with the justice system, on a DWI there is no “innocent until proven guilty” while you await trial. The interlock industry and their lobbying have made sure of this. For ten months Jane had to report twice a month to probation, each time paying for a drug test (of which she never failed). They even took a hair sample that went back six months to make sure she had not been drinking. The probation officer (bond case load) told her that she should be wearing an ankle monitor (like sex offenders and high risk criminals) but would make an exception by having her blow into her camera interlock at three scheduled times a day (so much for plans of any sort). This whole time she has had the interlock as a bond condition since May of 2012, her arrest. So for ten months, Jane could not visit family (majority living in Nevada, as she was not going to drive there) or go out of town for trips. After ten long grueling months, upon request, the judge relented and reduced her reporting to once a month. All this while the court of appeals decided to sit on the case for literally years while other cases just like hers (and that would be affected) decided to plead. At long last, the court of appeals (transferred to the Eastland County Court of Appeals, not surprising) kicked it back to the trial court reversing the jury verdict and judge’s decision to allow in the illegally drawn blood. Yesterday, on Jane’s 32^nd birthday we went back to the same court, same judge and received justice. In all this wait, her stock broker license expired. 

My opinion? If the United States Supreme Court rules, you better follow it. I gave that opinion (Missouri v. McNeely) to the judge and prosecutor. They had notice. No one would listen. In the meantime, a hardworking, young lady lost her career while everyone worried about the politics of the decision. How is this possible? Many people should have had their blood thrown out in Texas but did not (particularly in Tarrant County, Texas). Jane finally did. Why? Because she is a fighter. Happy 32^nd Birthday Jane. You have proven that no one is above the law. The police, prosecutors and judges must obey the Constitution too.

Educating the Public About Lawyer Selection

The State Bar of Texas regulates all lawyer advertising. For a lawyer to advertise a flyer, billboard, website, or other solicitation, they must pay a fee to the State Bar of Texas and adhere to the advertising and ethics rules that bind Texas lawyers. The State Bar of Texas will review the advertisement and either approve or disprove of its use. The rules are in place to protect the public from false advertising. However, the State Bar is having a hard time keeping up with cunning new ways for marketers to profit from lawyers and trick the public.

The above letter I received from the mail is an example of 'for profit' entrepreneurship.  For $410, I can have a plaque and use a logo on my website that touts me as one of America's "Most Feared Lawyers."  The question is by whom ? Who owns this company that goes by "De Medici Ratings" ? How many lawyers vote ? What lawyers vote ? I have received at least 2-3 other such solicitations in the mail from companies I have never heard of that for a fee, will send me a plaque and website logo to use for advertising. All of them tout me as the best in something  (such as DWI/DUI, etc.). This is ravenous preying upon lawyers by greedy profit mongers who want to make a buck. This is simply wrong. My advice to these proprietors is to get a degree, earn a reputation and tout your own worth.

The State Bar of Texas has board certifications that indicate a distinguished level of expertise in one's subject matter. The State Bar of Texas, as well as the American Bar Association (ABA) also recognize other prominent board certifications such as the National College of DUI Defense's (NCDD) DUI/DWI board certification. This is a true distinction of which to judge a lawyer's credentials.

Prominent industry organizations within the law, such as the nation's largest DUI/DWI organization, the National College of DUI Defense (NCDD) comprises of over 1800 members. They have a track record of  over 20 years contributing to the public's overall betterment through training public defenders and other lawyers, as well as assisting  with and submitting amicus briefs to the United States Supreme Court in defense of constitutional rights regarding DWI arrests. Membership and positions of leadership and contributions within such organizations inform the public of a lawyer's abilities, priorities, and respect amongst their peers.

In an age where a lawyer's website is key in giving the public information about that lawyer and their services, many "for profit" entrepreneurs are raking lawyers over the coals by promising high search engine results for a fee. In addition, many are touting fee membership to their own websites by promising referrals for certain cases. Their fees are exorbitant. Some pay per clicks are over $200 for popular search terms (for example:  "Dallas DWI Lawyer"). All these costs are passed back down to the client through their fees.  No one service can promise and deliver a constant high search engine rating and steady stream of clients (whose legitimacy is questionable under state bar rules for referrals).  It is a shame how outrageous these claims and their fees are.   The search engines are constantly revamping their rules to out such pay for play websites.

So where does this lead the public ? They should realize that when viewing a lawyer's advertising, ethically questionable declarations ("most feared lawyer') exhibit the morals of that lawyer.  Lawyers who contact you because you have submitted information to a website are lawyers who are desperate enough to pay for clients. Websites that are at the top of search engines may or may not represent the best lawyers (as most skilled lawyers are busy with their clients and not their websites). My advice to the public is to be smart.  Great lawyers are known because of their great results (first hand from people, not what is being purported in advertising).  Any criminal defense lawyer or DWI lawyer who claims to get 90% of their cases "dismissed" or "reduced" is just lying. These numbers are simply not possible (a check with the clerk's office of that lawyer by code and their clients will quickly dispel such myths).

I, for one, am doing my part of helping other lawyers and the public by not participating in such solicitations.  I refuse to pay for a "title". My accolades are all earned.  I refuse to pay marketers for clients.  All my advertising is my own.  So for the next advertising firm that wants to spend "5 minutes" with me talking about my website, don't waste your time.  I would not hire you even if your services were free.   For all those "pay to play" companies trying to sell me a title or accolade- consult state bar rules.  You should not be doing that. It is unfair to the public. For members of the public truly searching for a lawyer in earnest- I hope you have become enlightened.  In addition,  I hope you will not perpetuate the frenzy of vultures who prey on lawyers for a buck and thereby mislead you from a true merit based form of selection. Most of all, I hope you find a lawyer that truly represents you in the best way and one that you are most happy with.