On Saturday, November 22, James Whalen made his monthly appearance on Ask the Experts with Kevin Ebeling. In previous appearances, Mr. Whalen has focused on the differences between state and federal proceedings, changes in white collar crime laws, and more, but this show he went into detail on several current events related to the law and criminal charges that he found worth noting.
In particular, he shared two news items that he believed would be of interest to listeners.
The District Attorney’s race in Dallas County. The county now has a new District Attorney as Susan Hawk defeated Craig Watkins, the incumbent. The new DA will take office on January 1st of the New Year, and since the DA sets the tone for criminal prosecutions in the area and is involved in coming up with programs that allow offenders to avoid jail time, most defense lawyers believe the change will be to the benefit of their clients.
Law enforcement will focus on drunk driving over the holidays. This isn’t really shocking news, but it’s important for everyone to know because people tend to cut loose a bit more around the holidays. But even though the holidays bring all kinds of celebrations and parties, you can still be smart about how you handle yourself. Use a designated driver, call a cab, or get a hotel room you can walk to – do whatever you need to do to keep yourself from getting behind the wheel after drinking.
If, however, you do end up getting stopped, you should know both your rights and the potential consequences you face. One thing Mr. Whalen always tells people is that they have the right to refuse a breath or blood test if they’re stopped. He doesn’t think anyone should take it – it’s a violation of your civil rights.
There are things that you should know before doing this though. First, it is possible that your driver’s license will be suspended for six months just because you refuse the test. Second, there is now a law in effect that allows police officers to go to a judge and get a search warrant so they can do a blood test.
Additionally, if your BAC is above a .15 (almost twice the legal limit), you will be required by bond to have a deep lung device installed on your vehicle. This means you won’t be able to start your car until you breathe into the device to show that you haven’t been drinking.
The ultimate point is that you shouldn’t drink and drive, but if you do make a mistake and get into trouble, you need an experienced Frisco defense lawyer on your side. James Whalen has successfully handled a number of DUIs and knows how to use the evidence to get you the best possible outcome.
To listen to Frisco defense lawyer James P. Whalen’s radio appearance, download it here or use the player below.
And if you’re in the Frisco area and need help with criminal charges, don’t hesitate to give our firm a call.