Archive for April, 2010


April 28th, 2010

DWI Surcharges – Rules Changes Being Considered by Public Safety Commission

Today, the Texas Public Safety Commission continues its hearing all about the current Texas Driver Responsibility Program, which many (as in, many criminal judges) are reporting is the reason that there is around a 2 year backlog of DWI cases across the state — because those accused of driving drunk and charged with DWI (driving while intoxicated) are wanting trials and not taking a deal.  Seems the Program’s DWI Surcharges are causing lotsa problems out there.

What’s the DWI Surcharge? It’s Thousands of Dollars and It Covers 3 Years AFTER the DWI Conviction 

Right now, Texas drivers convicted of DWI (driving while intoxicated) as well as a couple of other violations (driving without a driver’s license, or one that’s invalid; as well as driving without insurance) must pay automatic surcharges every year, for three years from the date of conviction.

And it isn’t cheap: for a DWI conviction, the surcharge is $1,000 a year for three years for a first conviction; $1,500 a year for the second; and $2,000 a year for any conviction with a blood-alcohol content of 0.16 or greater. That’s big money, right?

People Aren’t Paying the Surcharges

It’s not news to those involved in DWI work that people aren’t paying these surcharges.  However, everyone may not know that state-wide, over $1 billion hasn’t been paid.  One billion dollars in unpaid surcharges – no wonder they’re having some hearings down in Austin.

Why aren’t people paying? 

Some can’t afford it.  Some think it’s just wrong or stupid to be asked to pay for up to three years after they’ve already been convicted.  They’ll just drive without a license rather than fork over the surcharge.

Surcharges and DWI Trial Backlogs also Impact Pending DWI Cases: Dismissals, Lesser Offenses

In the face of balloon-bursting DWI trial dockets, criminal judges and prosecutors have become creative in how to deal with drunk driver cases that are brought before them.  Judges are dismissing more cases, and lots of DWI cases are getting lesser charges — like reckless driving. 

And apparently, dismissing cases and negotiating down to lesser charges isn’t solving the DWI docket program — or the problem that there’s a $1 billion dollar account receivable on the State Budget.   You go figure which is the driving factor here.

Hearing Continues Today

Whatever the impetus, the hearing is continuing today.  According to Grits for Breakfast, most everyone there is hankering for a change.  The only ones that like things the way they are, apparently, are hospital representatives.  They want to maximize money from surcharges going to hospital trauma centers.  

Let’s watch and see what happens….

Posted by Michael Lowe at 5:40 pm

2 Comments
Labels: Crime News


April 21st, 2010

U.S. Supreme Court Finds Judge – DA Love Affair During Murder Trial Isn’t Worth Their Time. What? Really?

The good news for Charles Dean Hood is that he’s still going to get another bite at the apple on his sentence.  The Texas Court of Criminal Appeals has already ruled that another sentencing trial will happen for Mr. Hood.

Charles Dean Hood Is Snubbed by the United States Supreme Court – They Don’t Do a Thing about the Judge-DA Affair During Trial

However, the bad news is this: the United States Supreme Court has done squat about the rest of Mr. Hood’s case.  And Charles Dean Hood had a pretty darn good reason to ask for a new guilt-or-innocence trial: during his original trial, the judge and the District Attorney trying the case for the State of Texas were having a sexual affair. 

Pillow Talk?  We have to assume so, don’t we?  Isn’t that the right thing to do — assume that the lovers talked about their WORK, which just happened to be whether or not Charles Dean Hood should be convicted of capital murder and sentenced to die?

Supreme Court Is Silent on Their Reasons for This - Despite the Legion of Legal Ethics Scholars, Judges, and Prosecutors that Joined with Hood in his Request.

While for many, this Judge-DA Hanky Panky Point of Error seemed a slam dunk argument it obviously wasn’t for the High Court.  They tossed out Hood’s petition on Monday.  Without comment. 

This, in the face of 20+ former judges and prosecutors filing an amicus brief supporting Hood’s position, along with 30+ experts in legal ethics.

Hood’s attorney has decried this as “fundemental injustice.”   

Of course it is. 

Read the Amicus Brief filed on behalf of Charles Dean Hood before the U.S. Supreme Court by former judges, state prosecutors, and state officials (including former Texas Governor Mark White and former FBI director William Sessions) at the Constitution Project site, where it is available for download as a pdf.

Posted by Michael Lowe at 7:54 pm

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Labels: Court Opinions, Judge Watch, Orwellian Threats to Rights


April 14th, 2010

Are Police Just Taking Property For Their Own Profit and Use? You Betcha.

Well, first things first — thanks to The Dallas Morning News Crime Blog, where reporter Tanya Eisener let us all know about the recent national study by the Institute for Justice entitled, “Policing for Profit: the Abuse of the Civil Forfeiture Process,“ and written by Scott Bullock together with three Ph.D.s: Dr. Marian R. Williams,  Dr. Jefferson E. Holcomb, and Dr.  Tomislav V. Kovandzic.

Policing For Profit — a Report Every Citizen Should Read

 If you go and read the 2010 asset forfeiture report, you’ll get sad.  And mad.  At least, let’s hope so.  But it’s important that you KNOW THIS. 

The report details what is happening in this country, state by state.  Through the use of web technology, it’s easy enough to plow through all this information:  the site lets you pick a state and review its information on a separate webpage. 

Go to Texas’ summary in the report, and learn that we’ve been given a grade of D-.  We flunked in State Law Evasion, but got a D (woo hoo) in Forfeiture Law, so presumably this averages out to somewhat higher than a failing grade.  D minus. 

My, doesn’t that make you feel safe?  By the way, Texas is one of the lowest state scores.  (The lowest scores were shared by Georgia, Michigan, Texas, Virginia and West Virginia.) Betcha you’d already figured that out, if you’ve been following this blog. 

What’s Going On Here?

There are two kinds of asset forfeiture laws in this country: civil and criminal.  The federal government has its own set of forfeiture laws . So do each of the states, including Texas, of course.  Asset forfeiture laws govern when the government can TAKE YOUR PROPERTY. 

The CIVIL asset forfeiture laws are the ones that are so scary.  Under the civil forfeiture statutes, law enforcement can walk up, take (“seize”) your stuff and then just keep any property that they suspect may be involved in some kind of criminal activity.   Sounds like it’s CRIMINAL asset forfeiture, right? 

Well, here’s the difference:  in civil asset forfeiture, the Owner doesn’t even have to be charged, much less not found guilty, of any crime and still, he or she can lose their property to the cops.  And this can be any kind of property;  money, computers, cars, even someone’s HOME.

Added to this is the fact that in some states — like Texas and for example, Georgia — the local law enforcement agency is allowed to keep this property for its own coffers; there’s not any kind of state agency double-check, where property that’s been taken is forwarded to some regional clearinghouse or something. 

Oh, no.   Bottom line, for some law enforcement agencies, asset forfeiture is a profit-center.   

The 2010 asset forfeiture report by the Institute for Justice is the first of its kind.  No one has thought to undertake an national study of asset forfeiture in this country before now.   And it’s very, very frightening and frustrating to learn what’s going on.

Posted by Michael Lowe at 5:56 pm

3 Comments
Labels: Corrupt Cops, Orwellian Threats to Rights