Herreth Law
Serving Weatherford And Beyond
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Month: January 2019

Why Do I Need to Hire a Lawyer?

Strictly speaking, Texas criminal defendants do not need to hire lawyers. It's possible, yet extremely foolhardy, to represent yourself. And, the Constitution includes the right to counsel. Furthermore, there are also strict competency standards when it comes to...

Undermining the HGN Test

The Horizontal Gaze Nystagmus test is one of the three NHTSA-approved field sobriety tests. In almost all DWI cases, the FST results constitute probable cause for the arrest. If the defendant refuses to provide a breath or blood sample, the prosecutor must also use...

The Truth Behind the OLS Test

At first blush, the one-leg stand test may seem like a rather mindless exercise. The ability to stand on one leg for fifteen or so seconds may seem unrelated to the ability to drive a car. But there is a method to the madness. Like the Walk-and-Turn, the OLS is a...

Some Often-Overlooked DWI Defenses

In most DWI defense matters, intoxication is the only issue. The state can use either direct or circumstantial evidence to prove intoxication. A chemical test that shows a BAC above the legal limit is proof of intoxication as a matter of law. Or, the prosecutor can...

Challenging the Walk-and-Turn Test

Normally, the walk-and-turn, along with the other approved field sobriety tests, establish probable cause for a DWI arrest. This evidentiary standard is between reasonable suspicion (an evidence-based hunch) and beyond a reasonable doubt. So, it's a rather low...

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