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Criminal Defense Case Results

Disclaimer: The Texas Bar does not approve or review the case results that criminal defense attorneys list on their website. If you would like to learn more about our recent case results and statements regarding the quality our work, please read and understand each of the following:

  • The facts and circumstances of your case may differ from the facts and circumstances of the cases discussed here.
  • Not all results are provided.
  • The case results discussed here are not necessarily representative of the results obtained in all cases.
  • Each case is different and must be evaluated and handled on its own merit.

Past results are not necessarily an indication of a future result for any prospective client because the individual facts and circumstances may differ from those criminal cases mentioned herein.


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Currently Showing 34 Results
CASE:

CHARGES:
DATE:
JURISDICTION:
Dismissed
CASE:

CHARGES: Driving While Intoxicated – Breath Test
DATE: 2020
JURISDICTION: Harris County

When client started to feel intoxicated, he pulled over and went to sleep on the side of the road. Toll Road Authorities found him and called the police. Police took him to jail and he blew a .11. The prosecution could not prove what time he was driving. Additionally, the officer did not follow the correct procedures to conduct a breath test investigation.

Dismissed
CASE:

State v. E.A.

CHARGES: Driving While Intoxicated – Breath Test
DATE: 2020
JURISDICTION: Montgomery

Believe this, even if you have not had too much to drink and you provide a breath sample UNDER the legal limit, in Montgomery County, you will still be arrested. This officer essentially followed my client from a sports bar. She told the officer that she had a beer. He still took her to the station. She blew a .06. The state filed charges on her. It took a little while, but we got it dismissed.

Dismissed
CASE:

State v. D.C.

CHARGES: Driving While Intoxicated – Breath Test
DATE: 2019
JURISDICTION: Montgomery

Our client tested under the legal limit for alcohol; so the state sent the blood sample to a different lab for drug testing. The state repeatedly requested more time for drug analysis. After the third request for more time, I objected to any more time. The judge agreed with me and the state had to dismiss their case.

Dismissed
CASE:

State v. T.V.

CHARGES: Driving While Intoxicated – Drug Intoxicant
DATE: 2019
JURISDICTION: Montgomery

The state showed that there were problems on the video at the police station. We were able to show that our client used the restroom at the station. Instead of soap, the station had hand sanitizer – 99% alcohol. And then we had video footage showing my client biting his nails and putting his fingers in his mouth.

Dismissed
CASE:

State v. SM

CHARGES: Driving While Intoxicated + Possession of Marijuana
DATE: 2017
JURISDICTION: Fort Bend

Client was actually taking an intoxicated and high friend home. The car smelled like marijuana, so my client was searched and arrested when they found a bag in the car. They never offered my client a urine test or conducted field tests to determine if he was intoxicated by marijuana. We were able to show that the passenger was more likely the person in possession of marijuana.

Dismissed
CASE:

State v. MF

CHARGES: Driving While Toxicated + Open Container
DATE: 2017
JURISDICTION: Montgomery

Client had blown under the legal limit, but the state then had the blood re-tested for drugs. Although there were indications of drugs in his system, it could not be proven when he had taken the drugs or if they actually affected his performance on the field tests.

Dismissed
CASE:

State v. JS

CHARGES: Driving While Intoxicated
DATE: 2016
JURISDICTION: Montgomery

Ex-wife trying to get child support check called the cops stating that my client was driving all over the road. Even though client passed field tests, officer decided to arrest. During the arrest, the ex even showed up asking the officer to get her check – which the officer indeed did.

Dismissed
CASE:

State v. R.M.

CHARGES: DWI Blood Test / Marijuana Drug Test
DATE: 2013
JURISDICTION: Harris County

The prosecution claimed that the combination of alcohol and marijuana created legal intoxication, but we showed the evidence, science, and my client’s outstanding performance on video did not support the state’s theory.

Reduced Charges
CASE:

State v. R.R.

CHARGES: DWI / Refusal
DATE: 2013
JURISDICTION: Montgomery

Hung jury after trial.

Dismissed
CASE:

State v. M.C.

CHARGES: DWI / Refusal
DATE: 2013
JURISDICTION: Harris County

Client looked like he passed the field tests but the officer still arrested him. There are many bad arrests from “erring on the side of caution.”

Not Guilty
CASE:

State v. B.A.

CHARGES: DWI / Breath Test Refusal
DATE: 2012
JURISDICTION:

We showed the jury the incorrect procedures the officer performed and that the field sobriety tests, in general, are completely slanted and not “scientific tests” in any regard. The prosecution tried to convict based on my client’s refusal to provide a sample – after he had already been placed under arrest for DWI.

Dismissed
CASE:

State v. C.H.

CHARGES: DWI Breath Test .17
DATE: 2012
JURISDICTION: Harris County

After repeatedly trying to convince the prosecutor that the breath test evidence had many problems, I set the case for trial. Also, the client looked outstanding on video. We had three trial settings, and the state finally dismissed the case when their own expert told them that the evidence was bad.

Reduced Charges
CASE:

State v. D.N.

CHARGES: DWI Refusal
DATE: 2012
JURISDICTION: Fort Bend

Case reduced to Reckless Driving after we showed that there may be issues with the traffic stop.

Dismissed
CASE:

State v. R.C.

CHARGES: DWI With Accident / Blood Test .24
DATE: 2012
JURISDICTION: Galveston

We investigated the person that “witnessed” the accident. We tracked him to a prison and discovered that he had a bad memory from the night of the accident and in fact had no idea what happened.

Dismissed
CASE:

State v. K.H.

CHARGES: DWI Breath Test Refusal
DATE: 2012
JURISDICTION: Harris County

An “off-duty” officer called in to another officer that my client was driving all over the road. A third officer was also called in to do field sobriety tests. Between the three officers, there were so many mistakes made during the DWI investigation, the prosecution finally realized they could not prove their case.

Dismissed
CASE:

State v. D.C.

CHARGES: DWI / Possession of Weapon
DATE: April 2011
JURISDICTION: Harris County

When officer stated that client would be “let go” if he passed the breath test, he made an illegal statement and the breath test could not be let in for trial. Because the DWI was dismissed, the weapon case had to be tossed out as well.

Dismissed
CASE:

State v. J.M.

CHARGES: DWI
DATE: March 2010
JURISDICTION: Harris County

We showed that the arresting officer, with 25 years experience on patrol, did not know how to properly conduct field sobriety tests.

Dismissed
CASE:

State v. H.M.

CHARGES: DWI / Breath Test Allegation
DATE: March 2010
JURISDICTION: Harris County

We proved to the state that the breath test calculation was incorrect and that my client should not have been arrested.

Dismissed
CASE:

State v. R.A.

CHARGES: DWI – Blood Test Refusal
DATE: June 2009
JURISDICTION: Harris County

Shown that client attempted to take the blood test, but officers unwilling to allow him to use vials from the hospital. Client looked good on video despite officer stating that he failed field sobriety tests.

Not Guilty
CASE:

State v. R.E.

CHARGES: DWI No Breath Sample
DATE: May 2009
JURISDICTION: Montgomery

Officer did not perform field sobriety tests properly.

Dismissed
CASE:

State v. C.D.

CHARGES: Felony DWI With Child Passenger
DATE: February 2009
JURISDICTION: Washington

Client’s blood results taken. Client scored well on DWI field sobriety tests.

Dismissed
CASE:

State v. B.O.

CHARGES: DWI Breath Test Refusal
DATE: January 2009
JURISDICTION: Harris County

Client scored well on field sobriety tests and looked good on videotape.

Dismissed
CASE:

State v. R.W.

CHARGES: DWI Breath Test Refusal
DATE: January 2009
JURISDICTION: Galveston

Evidentiary issues for the State.

Dismissed
CASE:

State v. C.M.

CHARGES: DWI With Drug Intoxication
DATE: October 2008
JURISDICTION: Montgomery

Client passed up officer at high rate of speed and admitted to drinking and taking prescription medication. Charge refiled as another misdemeanor.

Dismissed
CASE:

State v. J.B.

CHARGES: DWI With Drug Intoxication
DATE: October 2008
JURISDICTION: Montgomery

Client in high school about to start college. Evidence issues with the case.

Dismissed
CASE:

State v. M.H.

CHARGES: DWI – Breath Test Failure
DATE: September 2008
JURISDICTION: Harris County

Client blew over twice the legal limit. Shown that improper police procedures led to stop and arrest of client.

Dismissed
CASE:

State v. M.A.

CHARGES: DWI – Breath Test Refusal
DATE: July 2008
JURISDICTION: Fort Bend

Third hour of video revealed officer stating that he did not have probable cause to stop the vehicle.

Dismissed
CASE:

State v. B.W.

CHARGES: DWI – Breath Test Failure
DATE: July 2008
JURISDICTION: Harris County

Shown to the State that it could not be proven that client was above .08 at the time of driving.

Dismissed
CASE:

State v. J.N.

CHARGES: DWI – Breath Test Refusal
DATE: June 2008
JURISDICTION: Harris County

According to video client was not intoxicated.

Dismissed
CASE:

State v. C.A.

CHARGES: DWI
DATE: May 2008
JURISDICTION: Montgomery

Client’s charge refiled as reckless driving / sentenced to deferred adjudication probation.

Dismissed
CASE:

State v. B.S.

CHARGES: DWI Breath Test Failure
DATE: April 2008
JURISDICTION: Harris County

Evidence shown to the state that client was not over legal limit at time of driving – same client had assault family violence case dismissed –both cases pending at the same time.

Dismissed
CASE:

State v. K.C.

CHARGES: DWI
DATE: February 2008
JURISDICTION: Harris County

Client’s mother called to the scene to pick up client. Officer lied in his report. We showed the phone records indicating that officer actually called. Client was not intoxicated.

Dismissed
CASE:

State v. C.W.

CHARGES: DWI – Drug Intoxication
DATE: February 2008
JURISDICTION: Montgomery

Shown that client’s medical condition required certain prescription drugs that could cause someone to show signs of slurred speech and convulsions, but client not actually intoxicated.

Dismissed
CASE:

State v. L.D.

CHARGES: DWI Intoxication From Drugs
DATE: November 2006
JURISDICTION: Harris County

Evidence presented that client was not intoxicated, but suffering from medical issues.

  • Texas Board of Legal Specialization | Criminal Law
  • National College for DUI Defense
  • National Association of Criminal Defense Laywers
  • Harris County Criminal Lawyers Association
  • Better Business Bureau - A+ rating
  • Matt Horak has earned recognition for community leadership by Lawyer Legion