DWI Discussions.....John's Blog

Blood Test Seminar

I just returned from a very exciting seminar about blood testing in DWI arrests. Every lawyer in Texas who is actively practicing law must attend at least 15 hours of continuing legal education (CLE) every year. After this seminar I have accumulated 77.25 hours just for this year alone! Plus, all my hours are only in the law of DWI Defense! There are many areas of law which are covered by CLE, including one for general criminal defense. I used to go to these general seminars to stay fresh in criminal defense law, but since I dedicated my legal practice only to DWI, I only attend DWI seminars now.

Many other lawyers ask me why I 'waste' my time and money to attend so much CLE because more than 15 hours are 'wasted'. Well, I take the time and expense to go to all these because each seminar achieves three major things:

First, I always learn a new little 'tweak' or major concept to keep me on the cutting edge of DWI Defense, for the benefit of my clients.

Second, I see a lot of good DWI Lawyers I have known through the years and meet new friends and we swap stories and tips and learn from each other.

Third, I return home excited and ready to get back to the office, my clients and the battlefield...the courtroom. Since I began practicing only DWI Defense I have developed a new zest for my practice. I absolutely love my work. I get great pleasure and satisfaction when the jury comes back with that 'two word verdict'...Not Guilty! I enjoy seeing the relief and composure return to my clients' faces. You've heard the expression, 'jack of all trades and master at none'. Well, only practicing DWI Defense, I have left everything behind except DWI and I believe I am a master at it. After all, my results speak for themselves.

Well, let me tell you about this blood test seminar...

As you have heard lately, Texas is sucking more blood. It's beginning to flow faster than oil! Blood test cases were rare until lately. Given the choice of a test, folks opted for a breath test (those who didn't realize they could just refuse any test). Now, we're having 'no refusal' weekends on major holidays (there are two coming up!). For these weekends an 'impartial' magistrate (judge) is on call 24 hours and grants the government's request for a blood draw warrant. Then the officers take your blood. (I have a client right now who fought tooth and nail until they had to strap her down, arms and legs, and take her blood.) With the advent of more blood cases I wanted to be ready beforehand to be able to competently now fight Dracula.

Nearly every other lawyer, when they hear there is a blood test 'over the limit', will tell you that you gotta plead guilty for a plea 'bargain'. I know that's far from true and have the tools and talent to fight for my clients' rights and freedom. The last blood test case I had was twice the legal limit and it only took the jury 15 minutes to come back with that two word verdict...Not Guilty!

If you have any questions about your rights being challenged by the Draculas of blood draws, call me and we'll go over all the details.

John Eastland

December 10, 2011

You are already innocent until proven guilty!

by John Eastland

Fri Jun 10, 2011, 11:50 AM

The law provides...a person is innocent until proven guilty.

Our Forefathers got stinkin' tired of the King of England, through his sheriff, throwing folks in the dungeon when an accusatory finger was pointed at someone, and he stayed there until family or friends could buy his freedom. Therefore, they came to a new country and over time, established a new system that a person, although charged with a criminal offense, would remain innocent, and free, until the authorities could legally establish guilt. It's not a perfect system, but, so far, it's the best.

Government officials in our country must now overcome that presumption of innocence in order to cause a person to be guilty. That is why we read in our newspapers that a person is accused or alleged to have committed a crime. That is why, contrary to popular belief, OJ was not foun ...>>

A VICTIM OF THE GREAT COMPROMISE

by John Eastland

Thu Apr 07, 2011, 8:25 AM

John Eastland

I used to sleep at the foot of Old Glory And awake by the dawn’s early light But much to my surprise when I open my eyes I was a victim of the great compromise 1

When John Prine wrote these lines, they were part of a metaphor about his disillusionment with America. Although he was not referencing the operation of the criminal justice system, the line about being a victim of the great compromise has resonated with me, seeming to be an apt description of what happens too often to our clients.

Recently, the Dallas Morning News published a five-part, front-page series called “Unequal Justice: Murderers On Probation.”2 The reporters found that from 2000 through 2006, 120 murderers were placed on probation in Texas. Of those, 47 were in Dallas County, where 9 percent of all murder sentences were for probation. The next closest to Dallas County was Harris County, with 4.1 percent, or 26 murder cases, resulting in s ...>>

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I represent clients from Tyler, Texas, and throughout the surrounding areas, including the cities of Longview, Lufkin, Nacogdoches, Athens, Canton and Marshall; Rusk County, Smith County, Cherokee County, Gregg County, Harrison County, Henderson County, Hunt County, Kaufman County, Jefferson County, Panola County, Navarro County, Van Zandt County, Angelina County, Anderson County, Wood County, Upshur County, Marion County, Hopkins County, Cass County, and throughout East Texas.