Houston Criminal & DWI Lawyer & Attorney : Grant Scheiner Law Firm : Drunk Driving, Sexual Assault, Criminal Defense : Houston, Texas

Oftentimes the media jumps on a story of a celebrity being arrested.  You see it on looping coverage and on the constant ticker on the bottom of the screen.  Then, when the case shakes out, you here one little blurb about it.  I don't want to be guilty of the same thing so I wanted to blog on the Cedric Benson DWI cases.

Cedric Benson was arrested on two separate occasions in 2008.  One arrest was May 3, 2008 and the other arrest was June 7, 2008.  The Chicago Tribune had a greater interest than most media outlets because Benson played for the Chicago Bears.  The Tribune was even able to get a photo of the pre-arrest activities.

Let's look at what all of these arrests cost Benson before it was decided whether these charges had any merit whatsoever.  First, he was pepper-sprayed.  He had to put up somewhere between $10,000 to $14,000  to bond out according to some sources.  The Chicago Bears FIRED him.  He had to hire high-powered attorney, Sam Bassett, which I am guessing was very expensive. The judge forced Benson to place an embarrassing ignition interlock on his car.  His reputation took a major ding and the chance of this guy ever getting the benefit of the doubt again is zero.

So what happened?  Two separate Travis County no-billed both DWI cases. (and the resisting).  These officers did not even perform field sobriety tests on the first arrest!!  According to the Seattle Times, Benson's second arrest, even the County Attorney David Escamillia said Benson appears very well.

WOW.  Much ado about nothing.  One question for Escamillia is why send it to the Grand Jury if you had problems with both cases?  You have prosecutorial discretion to REJECT those cases without a grand jury.

A prosecutor going to the grand jury on a misdemeanor usually means one thing.  The prosecutor is letting the grand jury do the dirty work or in this case the "right thing."  I am sure the masses would have screamed favoritism if Escamillia would have done it.

Luckily, Benson is back in the NFL with the Cincinnati Bengals.

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Cedric Benson was released by the Chicago Bears yesterday.  A little over a month ago, Benson was arrested for Boating While Intoxicated.  For all practical and legal purposes in Texas, Boating While Intoxicated is treated as the same as Driving While Intoxicated.  Last Saturday, Benson was arrested for a separate Driving While Intoxicated charge.  Benson is not the first person to be arrested for a DWI while a pending DWI/BWI case is pending.

So did the Bears act too quickly?  Should the Chicago Bears have let the justice system run its course, prior to making any harsh and long lasting decisions.   Please keep in mind, drinking and driving is not against the law as long as you are not intoxicated.   As a public figure and role model to children, maybe a player should not put himself in this type of situation to even allow the possibility of being arrested.  For the cost of a good DWI lawyer, Benson could have taken a cab from Austin to Chicago.

What about employers of common people?  When someone is charged with a criminal act, should employers wait for the justice system to run its course before firing the employee?  What is the point of innocent until proven guilty if you suffer consequences before the evidence is even available.  The old saying is you might beat the wrap but you won't beat the ride.  Meaning you might win your case, but either way it is going to hurt.

Truth is employers can do whatever they want regarding this type of situation.  There is no legal recourse for being "let go" by an employer, even if for an unjust or unfair reason.

Last I heard, the Houston Texans needed a running back!

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The terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are usually used interchangeably in every day conversation.  In Texas, the legal meaning of the terms DWI and DUI are very different.  A criminal defense attorney in Houston is the best person to call if you have questions about the legal meanings of DWI or DUI.

DUI is often used to describe any person who has been arrested for drinking and driving.  But in Texas, DUI is when a person under the age of 21 drives a car with any detectable alcohol on his breath.  A person may be completely sober and show zero signs of intoxication and still be arrested for DUI.  A DUI is a Class C misdemeanor and is punishable by a fine of up to $500, but there are possible driver's license suspension problems.

DWI is more serious than DUI in Houston Texas.  A citizen of any age can be arrested for Driving While Intoxicated.  The first conviction for DWI is punishable by a fine of up to $2,000 and up to 180 days in jail.  On top of that range of punishment, a person arrested for DWI is also facing driver's license suspensions, surcharges, and an increase in insurance premiums.  Unlike DUI,  a DWI requires proof that a person has lost "the normal use of his mental or physical faculties."

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If you are arrested for Driving While Intoxicated (DWI) in Houston, Texas, a police officer will usually request a specimen of your breath.  Some people arrested for DWI voluntarily submit to a breath test.  This is a huge risk because there is no guarantee the intoxilyzer is working properly or that the intoxilyzer has been properly maintainenced. If the breath test result is above .08, then a driver's license suspension of 90 days or more may be imposed by the Department of Public Safety.

If you refuse a breath test, you may face a driver's license suspension.  In Texas, every licensed driver has impliedly consented to take a breath test if properly requested.  Implied consent is fancy legal jargon for, "nobody told us we agreed to take a breath test."  A person who refuses a breath test may get a license suspension of up to 180 days.   Of course you are entitled to a hearing on a driver's license suspension.  The hearing is called an Administrative Licence Revocation or "ALR" hearing.  If you are arrested for DWI in Harris County, then the ALR hearing will be conducted in Houston. If you are arrested in one of the less populated counties in Greater Houston, the location of your ALR hearing will vary. However, if you retain an attorney to represent you at your ALR hearing, you will not have to attend the hearing. The lawyer can generally handle it for you.

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In Harris County, Texas and surrounding areas, a Driving while Intoxicated (DWI) case usually begins when a police officer stops a motorist on a roadway. The reason for the stop is usually a traffic infraction, such as speeding, running a red light or failing to maintain a single marked lane of traffic.

Although it may be little comfort to the motorist who is eventually arrested and taken to jail, a DWI case may be dismissed if the prosecutor assigned to the case is unable to prove "reasonable suspicion" for the stop. Under Texas law, a police officer making an investigative stop of a vehicle must have a reasonable suspicion that some activity out of the ordinary is occurring or has occurred, some suggestion to connect the detained person with the unusual activity, and some indication the activity is related to a "crime." (In this instance, the crime would be the traffic infraction. If there was no traffic infraction and/or the prosecutor cannot prove there was a traffic infraction, the rest of the case -- including the DWI which was only discovered as a result of the police officer's "illegal stop" of the vehicle -- is dismissed under a legal doctrine that lawyers and judges sometimes refer to as "fruit of a poisonous tree.")

As with just about everything in Texas DWI law, there are exceptions to the rule requiring the police to have reasonable suspicion before they can stop a vehicle. But the exceptions are rare and the simplest way to get your DWI case dismissed is to challenge the prosecutor to prove reasonable suspicion for the stop. Even the most experienced and best criminal defense attorneys in Houston and elsewhere sometimes overlook this obvious defense to a DWI case. 

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