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Texas DWI Legislation

Do you think DWI legislation has gone to far?

Dear Concerned Citizen,

Texas DWI differs from most other offenses in 2 distinct ways. It is not possible to obtain a deferred adjudication probation where the case is dismissed upon successful completion of probation. It is also not possible to obtain an early release from probation (mail in status and pro forma). Yet those who are charged with murder, rape, and robbery are candidates for both of these options. Those accused of repeat DWIs must install an interlock device on their vehicle as a condition of bond, face up to a typical 2 year driver’s license suspension, and some may not even qualify for an occupational driver’s license for some period of time based on the age of the prior DWI. Even if a previous DWI is ten or twenty years old you may still face a license suspension of up to a year. How they are to make a living and be a productive taxpayer and citizen are of no concern to the Texas State Legislature. Now the Texas State Legislature is seeking to once again pass laws that single out DWIs by this time requiring sobriety checkpoints at random roadblocks thus eliminating any probable cause or reasonable suspicion to stop a vehicle.

There is no doubt a need to have and enforce DWI laws, but our position is that we have gone too far in many respects: lack of quality control in our breath testing program, lack of rights and deprivation of constitutional protections in a DWI investigation, and impracticality with respect to blanket losses of people’s driver’s licenses irrespective of personal circumstances. Any changes or dissatisfaction with our current affairs however must be addressed at the legislative level. We therefore ask that you contact your legislators and share your opinions and dissents. The current state legislature is in session. We encourage you to write or call your state representative, senator and governor and express your feelings about our DWI laws, and in particular about random sobriety checkpoints. There is no doubt that your voice will be heard and it could possibly be a catalyst for reasonable change.

The following information is intended to assist you in contacting your legislature. If you have any difficulty or if it is easier please do not hesitate to contact our office and we will provide you with this particularized information.

Mimi Speaks to 2005 Texas Legislature

Mimi testified during the 2005 Texas Legislative Session for fair DWI law at committee hearings for HB51 & HB3241.

Contact Your State Representative

To find out who this is: you can go to www.house.state.tx.us/help/visitor.htm

By going to this website it is easy to directly email your representative.

The mailing address is:

The Honorable _________________________

P.O. Box 2910

Austin, Tx. 78768-2910

Your State Senator:

To find out who this is: you can go to www.senate.state.tx.us/75r/senate/Members.htm

By going to this website it is easy to directly email your representative.

The mailing address is:

The Honorable ___________________________

P.O. Box 12068

Capitol Station

Austin, Tx. 78711

Contact the Governor by Mail or Telephone

Telephone

* Citizen's Assistance Hotline: (800) 843-5789[for Texas callers]

* Citizen's Opinion Hotline: (800) 252-9600[for Texas callers]

* Citizen's Assistance and Opinion Hotline: (512) 463-1782[for Austin, Texas and out-of-state callers]

* Office of the Governor Main Switchboard: (512) 463-2000[office hours are 7:30 a.m. to 5:30 p.m. CST]

* Citizen's Assistance Telecommunications DeviceIf you are using a telecommunication device for the deaf (TDD), call 711 to reach Relay Texas

Fax

* Office of the Governor Fax: (512) 463-1849

Mailing Address

* Office of the Governor P.O. Box 12428Austin, Texas 78711-2428

Please be sure to identify yourself by name, address, and phone number. We also encourage you share particularized facts about yourself regarding your profession, age, and family facts (such as number of children) as well as your views. Please take this opportunity to become involved in the lawmaking process so that all voices are heard, not just MADD’s and assist us in effecting fairness and justice for all.

Respectfully Yours,

Mimi Coffey, Attorney At Law
The Coffey Firm


Mimi's Letter to Representative Todd Smith
To the Honorable Todd Smith,
Although we have not formally met, your commitment to public service is greatly admired. That said, getting intoxicated drivers off the road is very important, but to discourage our civil right and freedom to partake in responsible social drinking is overreaching.
Defending citizens accused for 7 years and focusing on DWI for the last 3 years allows me to see DWI from a different perspective. As you are aware, our DWI laws have become stricter....

Example Letter to Your Representative
Dear Senator Last Name,
As one of your constituents, I’m writing to you regarding the tragic consequences of the .08 per se BAC law that is being mandated upon the states by TEA-21 that was signed by President Clinton in 2001. We ask that you remove the .08 per se requirement from this bill. There is a great deal of evidence that shows that lowering the BAC level to .08 does NOT curb “drunk driving”....

 

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