An Open Letter

To all my past, present and future clients, and for anyone who is curious:

If you ever wanted a nutshell version of "DWI at Night, Coffey in the Morning" here you are straight from the source. I have practiced law for 19 years. This defines who I am. At the age of 12, my father encouraged me to be a lawyer after helping me write and practice a Student Council Treasurer campaign speech (I ended the speech, "Vote Me Me for You You" and won, so it's true I come by my marketing quite honestly).

In my wildest dreams, I never could have fathomed how much injustice there was in the world of criminal law, particularly DWI. As a new lawyer, I heard about the National College of DUI Defense or NCDD (celebrating its 20th anniversary this year) training held at Harvard every July. I went to it and my world was lit on fire.

It was shocking to find out how inaccurate breath testing was; how the National Highway Safety Administration skewed statistics and conducted experiments that don't meet scientific parameters in developing the standardized field sobriety tests which every year falsely convicts so many people. Also, how forensics did not include the reporting of uncertainty (just now coming to light but still not mandated for breath testing) among other glaring red flags despite people's liberties and lives at stake.

I delved into research, publishing, speaking, and became board certified all in an attempt to learn and help as many people as I could, including lawyers. The NCDD asked me 3 years ago to become Regent. This is an unpaid, serious 13 year commitment that involves a mandatory 4 seminars every year. On top of this, there are mandatory Board meetings, workshops, and other pressing time commitments. I accepted this position without flinching. I have sacrificed many family vacations (being a busy trial lawyer these commitments take up the majority of my free time I have every year), time away from my family, and important events and dates in my personal life to carry out this commitment for a full 13 year term. When I accepted, my oldest was going off to college and my youngest was in the 5th grade. Sure, it is painful missing college events and sacrificing family vacations as they age in critical years, but it is an honor to be able to effect change for the betterment of humanity. It allows me to help others positively (outside my own clients) across the country.

Since becoming a Regent, I started a forensics committee. We have plans to send a metrology expert on mathematical uncertainty to the National Forensic Commission committee hearings so that the public interest can be represented. I hope one day to see breath testing reported in uncertainty units. I am proud of all the work I am able to accomplish with and through the NCDD for the greater good of our country when it comes to fairness. We not only put on excellent educational seminars for lawyers, but we hold numerous training sessions for public defenders across the country at no cost to them. This is an important necessity as most public defenders offices have deficient budgets. I have taken it upon myself to show appreciation and inspire my fellow defense lawyer colleagues by showcasing special and accomplished members with a "Member in the Spotlight" segment sent out to all 1500+ of our membership, as well as to educate the public on what leaders DWI defense lawyers are in their communities. In addition, I take great pride in educating our members and the public on justice related issues through my blogs (both NCDD and otherwise) and social media. This influences prosecutors, judges, jurors, and voters all for the betterment of humanity as we seek justice for all.

This defines me. Not just my words, not my marketing, not my certifications or education, but what I do. Just as our fellow Americans sacrificed family and their personal lives to fight for the founding of our country and serve in important positions as Founding Fathers. I view it as an honor to give and sacrifice with my talents to keep their vision of fairness and constitutional protections alive. Whatever contributions I can give, I view it as my duty to do so and practice doing so. My four children and family understand. How can I expect them to give their best and make the world a better place if I don't sacrifice? So sacrifice I do! It is a very good word to describe me.

So the next time, you drive by my billboard or hear some crazy rumor that is normally a product of someones jealousies or inadequacies, just look at my work. I was chosen a Regent because the leadership of NCDD and its Founders saw the truth, I work hard, and sacrifice to do the right things. You can't get to my position unless you have earned it the good old fashioned way. You can't stay at my level unless you are made of the right stuff. You can't effect change unless you are a leader. Thank you NCDD for choosing me to lead and lead I shall.

Mimi Coffey's New Year's Eve Formula

Yes, it's that time of year- where everyone wants to party on New Year's Eve but fears a DWI. If I wasn't a DWI lawyer, I would not know what to do, so in that spirit here are my tips based on 19 years of experience. Please be advised that different states have different laws and if you are on probation, these tips don't apply as most probations condition you fully cooperate with a DWI investigation. If you are in Texas and NOT on DWI probation, take heed. First I would like to add, that the best thing is to try to avoid putting yourself in this situation. I highly advise UBER, a cab, or a designated driver. Speaking of which, if you TRULY have not consumed too much make sure you have a portable breath test device (you can buy them in the automotive section of Walmart) in your car. Blow into it if you get pulled over, show the cop. It is one of the smartest ways of avoiding being arrested. I have a fellow Regent in the NCDD who did this. No cop wants to realistically take a .04 to the station. If you do get pulled over here are the basics:

The BASICS:

1. You don't have to answer questions. You do have to provide drivers license, registration, insurance and step out of the car when asked.  THINK HIGH SCHOOL GOVERNMENT: REMAIN SILENT. Tell the cop "I would like to decline all questions." I would recommend you wish the public servant a "Happy New Year!"

2. You don't have to do ANY tests. Yes, they may arrest you but that does not mean you are guilty. The law is PROOF beyond a REASONABLE DOUBT. You are not obligated by law to provide ANY evidence.  The field tests are not scientific and they are designed for you to fail (much published, including the HGN). Unless you can nail them, I would not advise you do them.

3. The cop chooses breath, blood or a urine test.  If you have had one 12 ounce normal beer within the hour ONLY, you are pretty safe to blow otherwise know that there are many issues with the breath test recognized by courts that may affect you (temperature, the length of blow, etc.). If you cooperate, you have a right to your own independent blood test. Remember on most holidays, if you refuse they will get a warrant for your blood. You have the right to ask if they are going to get a warrant and to be shown the warrant.With that being said, here are some additional tips with the caveat that the best thing to do is to avoid getting in the situation as there is much grief to a DWI even if you are ultimately exonerated.

Things to DO:

1. Throw away all open containers (They are illegal anyway).  If you bring alcohol to a gathering (yes, even that expensive bottle of Johnny Walker Blue) LEAVE IT there. Throw away all empty containers. Yes, those empties from last weekend will be used against you...

2.  Leave the breath mints, tongue strips, and mouthwash at home. As crazy as this seems, most DWI cops will try to say you were "attempting to mask the odor" of alcohol.

3. Take pictures of your receipts and email them to yourself. This is your private business. Throw the real receipts away. Cops often don't return them or show up the day of trial with them. If you try to explain the receipt, it won't help prevent you from getting arrested, no matter how many people were on the tab.

4. Lock your phone with a passcode. Don't tell the officer your passcode. Even though the courts have ruled cops need a warrant to go through your phone, don't tempt fate. I have had cases where pictures of text screens were a part of the police report. Keep some numbers handy in your wallet or purse written down for "in case of emergency" so you can bond out or you may find yourself in jail a long time (some cops will graciously let you use your phone, but not all).

5. Tell your friends not to text you until later the next day. If you are arrested your phone will be in police custody. Nothing like "crazy time last night" popping up as a text as you are getting booked in. You want to value your privacy.

6. Keep your mouth closed. There are cameras in the squad cars. I can't tell you how many cases are destroyed due to unwise comments made while handcuffed in the back of a squad car. Yes, you are being taped even when you are alone! Don't fall asleep. Sure, it's late but I promise you some prosecutor will say you were "passed out" due to drinking.

7. Do not bring medications with you! Cops give DWIs on medication now, even if it is prescribed and you are taking it according to proper dosages. Some prosecutors could care less about the meaning of a "therapeutic level".  When asked if you are taking medications, you have the right to politely decline all such questions. YES, YOU CAN GET A DWI EVEN WHEN YOU HAVE NOT BEEN DRINKING AND ARE JUST ON MEDS.

8. If you got pulled over for a nonexistent traffic stop, make sure to politely ask the cop why you are being pulled over and state in nice terms how you disagree (this will get you a probable cause jury charge). Sadly, many cops will turn down the volume during this stage, so make sure to ask if you are being recorded as you can file a complaint later if they pull this one on you. Destroying evidence is serious business.

9. If you do the responsible thing and pull over- make sure it is in a parking lot and turn the car OFF. Turn off all lights and TAKE THE KEYS OUT OF THE IGNITION. The best thing to do is to hop in the back seat. Some (not all, thank God) judges will find you guilty even if it is only to have the heater on. Keep a blanket in your car. The law does not define "operation" hence the issues making each case circumstantial.

10. Be friendly and nice to the police officer but leave it at that. No need to start apologizing and start giving confessions. It won't change the arrest decision I assure you.

10+. Once in a blue moon (very blue moon, call it turquoise), a cop will ask if you have someone that can get there to get you in 10 minutes. Always try to keep an arrangement of this sort handy (yes, tell grandpa to keep the ringer on the night you go out). I'm always pained to see these rare instances of not having anyone end up in my office.

Big NO NOs:

1. If you have been drinking don't deny it. It's a cop's number one pet peeve. Regardless of how sober you are, he will take you in. You might as well have called his mother stupid- denying drinking just means the fight is on.  Remember to politely decline to answer all such questions as to how much or what you have had.

2. Whatever you do, don't say "I couldn't do these tests even if I were sober!" If that phrase pops up in your mind, don't even think about doing the tests.

3. Don't mention if you know a cop or have a family member that is a cop. Juries hate name dropping and with most cops, it won't do a lick of good. Some cops live to arrest other cops. Yes, sadly this is what differentiates DWI cops from the others too often...

4. If you refuse a specimen test and they get a warrant, don't fight it after they have shown you the warrant (which you have a legal right to ask). Resisting will get you another charge.

5. Don't get in fights at bars, I promise you - you will get pulled over for a DWI as they will be looking for you.

6. Don't get rowdy in bars- same deal. See above. Bartenders don't like to call on patrons, but believe me THEY WILL and DO.

7. If you are refused service at a 24 hour restaurant or drive through- park your car and start walking. I assure you the cops are on their way. Be sure to be polite when refused service. Arrange for someone to pick you up somewhere. Take yourself off the obvious path.

8. If you have an accident, pull over and do the right thing. Running from it will get you two charges with failing to stop at the scene of an accident being a more serious charge, one involving a crime of moral turpitude.

9. If you know you are going out drinking, leave your favorite beer shirts and other such loud non judge and jury friendly attire at home.

10. Don't challenge the cop to do the field sobriety tests (yes, they only do a measly partial demonstration compared to you). They have practiced them a gazillion times, trust me. You won't get what you are looking for.

10+. Whatever you do, don't tell the cop "I'll see you in court." You have just lost your license buddy. Some of the compassionate cops knowing the DWI will kill ya, may let you slide on the license hearing out of benevolence, plus juries don't like an ass. Please know that there is a wide political spectrum of opinions and powerful lobbies when it comes to social drinking. No one wants anyone hurt or killed on the road, but unfortunately there are plenty who don't mind responsible social drinkers getting persecuted. You don't want to be on any side of it where it involves handcuffs and your life.

Have a safe and happy new year from all of us at the Coffey Firm.  Happy 2015! May it be filled with happiness, good health and good cheer!

-Mimi Coffey, Sr.