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Reese Campbell
Do you know what you should be looking for?
Experience
Insight
Personal Attention
Reese has handled thousands of cases and investigations. Reese knows the mistakes that are made over and over again.
After spending years on both sides, Reese knows how it works.
Reese is focused on your peace of mind. He knows that this comes with personal attention and full understanding.
I don't have to read the offense report in your case to know the police did not fully investigate.
After handling thousands of cases, I rarely see something new. This insight helps me provide you with the best possible advice.
You will learn from our first conversation that I take the time to ensure your full understanding.
Understanding
I understand the fear that sets in after an arrest. I also know that the State will use that fear against you. The State will scare you with the idea of a harsh punishment such as possibly serving prison time. The State will use the chaos of the courthouse experience against you. The State knows that after a few trips to the courthouse, dealing with time off from work, the crowded elevators and the unfriendly courthouse staff, your resolve will weaken and you will compromise. Now is the time for you to decide on the best criminal defense attorney to represent you. As a former prosecutor, I understands the games the system plays. I also know how to use that system to your advantage.

REESE CAMPBELL HAS THE EXPERIENCE

Investigations

Former Prosecutor

Trial Experience

As a former prosecutor, Reese knows how the police work. He doesn't have to read the offense report in your case to explain to you the likely mistakes that were made.
Reese understand what is happening "behind the curtain " He will use this insight and understanding to your advantage.
Reese has tried (and won) everything from misdemeanor marijuana to murder. He knows what it takes to win at trial.

REESE CAMPBELL HAS THE INSIGHT

Reese understands the process from the street to the courtroom.

REESE CAMPBELL PROVIDES PERSONAL ATTENTION

You will notice the difference from the very first call to Reese. He takes the time to make sure that you are comfortable, that you understand everything, and all of your concerns have been addressed. But it isn’t just a sales pitch, Reese provides his client’s his cell phone number. When you call Reese, Reese answers..

REESE CAMPBELL DOES HIS HOMEWORK

Reese graduated in the top 5% of his law school class because he understands that you have to put in the work to succeed.

Reese Campbell takes the time to dig out all information that may be beneficial to your case including research on the Judge’s and Prosecutors on your case!

After a drug arrest and when facing drug charges, its only natural for your first thought to be what type of punishment you might be facing. Here is the summary of the drug charges in Harris County for April 2017 as provided by the Harris County District Clerk’s Office. Download File Here Understand that every case is different.

HOW REESE CAN HELP

PROVEN RESULTS


I know other attonreys may include a "Proven Results" section on their website. Any such list is going to be misleading. I have had many of my client's cases dismissed but I have had client's plead guilty as well. I can only recall losing two jury trials as the lead attorney but if you try enough cases sometimes you are going to lose. It concerns me when I hear an attorney say they have never lost. Makes me wonder if they are dishonest or have ever had to try a hard case. I have tried hard cases. From murder to driving while intoxicated, I have stood in front of countless juries. I know what it takes to win.

Reese Campbell

TESTIMONIALS


Testimonials by Clients



Testimonials by Attorneys


REESE CAMPBELL


After graduating in the top 5% of his class in law school, Reese started his legal career as an Assistant Criminal District Attorney with the Galveston County District Attorney’s Office. After about a year in the Misdemeanor Trial Bureau Division he was promoted over peers with seniority to the Felony Trial Bureau Division. In his time as an Assistant Criminal District Attorney, Reese handled thousands of cases ranging from possession of marijuana to murder. This includes extensive trial experience that far exceeds that of an average defense attorney. Truth is, the majority of defense attorneys rarely find themselves in front of a jury however Reese has tried countless cases. Outside of trial, Reese also has tremendous experience dealing with law enforcement in both leading investigations and critiquing others that did.

Now Reese’s trial experience and inside knowledge of law enforcement is devoted to ensuring that those charged with a criminal offense receive the best representation possible. Reese will investigate every aspect of the case against you, put your best case forward and demand the justice that everyone deserves.

Reese understands that being charged with a crime can be scary, confusing and leave you with a feeling of vulnerability. He will provide you understanding and peace of mind because nothing can be better than firsthand experience when fighting your case.

Reese Campbell graduated from Abilene Christian University with a degree in Political Science and a minor in Bible Studies. He earned his Law Degree in from St. Mary’s University Law School in San Antonio, Texas where he graduated Magna Cum Laude and within the top 5% of his class.

Courts of Admittance:
State of Texas
United States District Court Southern District of Texas

Memberships:
College of the State Bar of Texas

TEXAS CRIMES


Facing Drug Charges?

Let Reese's extensive experience & insight work for you.

FORMER FELONY DRUG PROSECUTOR EXPERIENCE

FELONY DRUG JURY TRIAL EXPERIENCE

WRITING SEARCH WARRANTS EXPERIENCE

As a former felony prosecutor, Reese understands ever angle of a narcotics case.
Reese has jury trial experience ranging from the lowest possession of marijuana case to high level controlled substance cases. Reese understands juries.
Reese has experience in working with law enforcement gather evidence and writing up search warrants. This gives him insight to the most common and complex errors made in search warrant preparation.

GETTING JUDGE'S TO "APPROVE" SEARCH WARRANTS EXPERIENCE

ON-SCENE, IN BODY ARMOR SEARCH WARRANT EXPERIENCE

DEA CASES EXPERIENCE

Without saying much in this public forum, Reese lacks 100% confidence in the juridical oversight.
Want real experience? Reese has assisted in narcotic search warrant executions. He understands how these are conducted and the mistakes that are commonly made with evidence gathering.
Reese has worked with every level of law enforcement agency. Reese knows law enforcement and the mistakes they make time and time again.

CONTRACTING WITH SNITCHES EXPERIENCE

OUNCES TO KILOS EXPERIENCE

GRAND JURY EXPERIENCE

Reese understands how the State builds a case against you. It's not pretty.
No matter how small or large, Reese has handled it.
Reese has presented drug cases to grand juries. He understands that it doesn't take much to get you indicted.

What does it mean to be “in possession”?


Possession = Guilty? No.


In order to be found guilty of a drug crime, the State must prove to a Judge or Jury that you knowingly possessed an illegal substance.

Knowingly is also defined under the law.  “A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.”

Possession is simple defined as “actual care, custody, control or management.”  Its hard to know exactly what actual care, custody, control or management is.  These words are not further defined so its up to the Judge or Jury to decide what that means.  However, the courts have given us further guidance as to what is not possession.

How do they know that you know?

They law states that “mere presence” only is not enough to convict you.  The most common example is a drug arrest during a traffic stop.  Drugs are found some where and your in the car.  If possession is control then generally the police believe that if you are in control of the car then you are in control of everything in it.  What about knowingly?  Can the State really prove beyond a reasonable doubt that you KNOW about EVERYTHING that is in a car your driving?  People come in and out of our cars all the time, who knows what was left underneath your backseat months ago, right?

“Affirmative Links”

The law says that the State has to “link” you to the illegal substance in order to show that you knew about it.  These links were described by Court of Appeals in Houston in a case Reese tried in 2010.  The court said, “Texas courts have established several factors that may help to establish a link between the accused and the contraband, including whether (1) the defendant was present when the narcotics were found; (2) the contraband was in plain view; (3) the defendant was in proximity to the narcotics and had access to them; (4) the defendant was under the influence of narcotics when arrested; (5) the defendant possessed other contraband; (6) the defendant made incriminating statements when arrested; (7) the defendant attempted to flee; (8) the defendant made furtive gestures; (9) the odor of the narcotic was present; (10) the defendant owned or had the right to possess the place where the narcotics were found; (11) the narcotics were found in an enclosed place; (12) the amount of narcotics found was significant; (13) the defendant possessed a weapon; and (14) the defendant possessed a large amount of cash.”  Bullard v. State, 01-08-00861-CR

Traffic Stops and Possession


Some examples of when courts found that the State couldn't prove possession beyond a reasonable doubt.

The evidence has been found insufficient to support a finding of knowing possession by a defendant who was the driver when the contraband was found in the following locations:

- In the glove compartment [see Presswood v. State, 548 S.W.2d 398, 399-400 (Crim. App. 1977)].
- In an envelope on the dashboard of the car [see Baltazar v. State, 638 S.W.2d 130, 131-132 (Tex. App.-Corpus Christi 1982, no pet.).
- In an unzipped gym bag on the passenger seat [see Humason v. State, 728 S.W.2d 363, 366 (Crim. App. 1987)].
- In the ashtray [see Thomas v. State, 762 S.W.2d 721, 723-724 (Tex. App.-Houston [1st Dist.] 1988, no pet.)].
- In the trunk [see Doyle v. State, 779 S.W.2d 492, 496 (Tex. App.-Houston [1st Dist.] 1989, — -); Baty v. State, 734 S.W.2d 62, 63-65 (Tex. App.-Dallas 1987, pet. ref.)].
- Underneath an armrest in the front seat between the driver and the passenger [see Allen v. State, 786 S.W.2d 738, 739-740 (Tex. App.-Fort Worth 1989, pet. granted)-original opinion].
Other examples of factual situations in which the evidence has been found insufficient to support a finding of knowing possession are:
- The defendant was a passenger in a car carrying 660 pounds of marihuana, but there was no additional evidence that the defendant knew of its presence [see Reyes v. State, 575 S.W.2d 38, 39-40 (Crim. App. 1979)].
- The defendant entered the vehicle just before the arrest and the contraband was found under some papers near where the defendant was seated [see McBride v. State, 780 S.W.2d 823, 824 (Tex. App.-San Antonio 1989, — -)].
- The defendant was a passenger in the back seat and contraband was found on the dashboard [see Harvey v. State, 487 S.W.2d 75, 77-78 (Crim. App. 1972)].

Knowingly in Possession = Guilty? No.

Lawful Possession

People get arrested for having a substance that was prescribed to them by a doctor.  Reese calls this the grandma defense.  Its seems as though the police believe you must always keep your medication in a prescription bottle however there is no such requirement.   Just like grandma has her Monday through Sunday pill box, you don't have to carry your prescription around with you.  But if you don't look like grandma, then there is a good chance you are going to get arrested.

Substance Not Illegal

People get arrested for substances that aren't even illegal.  Yes, Reese once had to prove to a prosecutor that his client did not violate any laws by possessing suboxone.  This was after his client had been arrested by the police, went in front of a Judge and had the charges filed by the District Attorney.   Also, lab reports come back as negative even when people thought they did have an illegal substance...

Violation of Rights

Illegal stops, detentions, and searches lead to inadmissible evidence.  

Evidence Obtained Illegally

Similar but not the same as a violation of rights.  Texas law provides that any evidence obtained in violation of any law (not just in violation of rights) is not admissible against you.  Doesn't come up often but someone couldn't break into your home and then later testify against you regarding cocaine they saw on your kitchen table.

Traffic stop lead to a drug arrest?

BAD STOP = DISMISSED


If the police found evidence after making an illegal traffic stop, the evidence might not be admissible againt you.

Traffic Stops

Most people who are “detained” by the police are being detained for a traffic violation however the principles apply to anytime the police stop you and you are not free to leave. If you are not free to leave then the law says you are being “seized” by the police. So the polices actions are evaluated against your protections under the 4th amendment from “unreasonable seizures.” So what is reasonable and what is unreasonable? The law library is full of courts providing explanations and examples.

Courts view being “temporarily detained” differently then being arrested. For the police to justifying detaining someone, they must have “reasonable suspicion” based on “articulable facts” that a crime has occurred or is occurring. Being arrested requires “probable cause”.

So what is reasonable suspicion?

Much like the discussion above regarding consensual encounters, there isn’t a real definition of what is reasonable suspicion. Court look at each case and set of facts separately. So we can look to past decisions to help guess at what is and what is not reasonable suspicion. Reasonable suspicion requires more than suspicion or “hunch.” HOWEVER, reasonable suspicion may exist even where the conduct of the person detained is “as consistent with innocent activity as with criminal activity.” This means that you don’t have to be doing anything illegal to be detained. You don’t have to actually be speeding to be stopped for speeding if the police can explain that their belief that you were speeding was based on more than suspicion or hunch.

Real Life Example of an Illegal Traffic Stop

A former client was facing high level felony drug possession charges after drugs where found in his car following a traffic stop. In the offense report the police officer wrote that the car was stopped because “the rear reflectors to be blacked out with an alternate to reduce visibility from factor standard which is a violation of law (defective equipment – blacked out head/tail lights)”. It was true that the car did have tinted tail lights, the car should not have been able to pass the state inspection because of the reduced visibility and that the traffic code says that any violation of state inspection is also a traffic offense. So the officer, DPS and even the District Attorney’s office believed that it was a “violation of the law”. This all changed and the client’s case was dismissed once Reese proved them wrong.

Traffic Stop Gone Bad

A perfectly legal traffic stop can easily turn into an illegal detention. Why? Because if the police stop you for speeding, they can’t start investigating you for drug possession without a reason.

What the Police Can Do During a Traffic Stop

    Ask for your Driver’s license.
    Ask for your proof of financial responsibility.
    Ask for proof of your vehicle’s registration.
    Check to see if you have any open warrants for your arrested.
    Police can ask unrelated questions as long as it doesn’t prolong the stop.
    Police can detain you as long as it takes to do the above and write you a citation.

What the Police CANNOT Do During a Traffic Stop

Police cannot detain you any longer than is necessary to accomplish the above without providing additional reasonable suspicion for the prolonged detention.

Texas Transportation Code

AKA Legal Justifications for Detaining You

The police routinely utilize traffic code violations as an excuse to pull someone over. Its like that every time you drive, you commit a traffic violation.

“Pretext Stops”

The law does not care as to the real reason a police officer stopped you as long as the police officer has a legal basis for stopping you. That means that profiling is legal as long as the profiling is coupled with reasonable suspicion of criminal activity. The law does not care as to the real reason a police officer stopped you as long as the police officer has a legal basis for stopping you. That means that profiling is legal as long as the profiling is coupled with reasonable suspicion of criminal activity.

Traffic Stops & Searches

The law says that any search of an individual without a warrant is unlawful BUT then the law lists a bunch of exceptions when the police can conduct a warrantless search.

When can the police do a search without a warrant?

Warrantless Search of a Person

The police can pat you down for weapons IF they can reasonable suspicion that you may be armed and are presently dangerous. Then while patting you down, if they feel something that based on their training and experience leads them to believe is illegal contraband (drugs), then they can go in into your pockets. The police can also search you after you have been arrested. Note that you can be arrested for anything other than speeding and open container in Texas. So the police can arrest you for a traffic violation for the sole purpose of getting to each you.

Warrantless Search of a Car

The same requirement for probable cause applies to searching your car as it does your home. HOWEVER, unlike your home, the police do not need a search warrant to search your vehicle. Normally this probable cause is based on the police saying that they saw something illegal in your car. Examples include officers saying that they saw what appeared to be drug related such as wrapping paper or unmarked prescription bottles. Seeing is also smelling. The most common “probably cause” for searching a car during a traffic stop is the smell of burnt marijuana. If the police say they smell weed, they can now search your car. No probably cause? No problem. The police can’t search your vehicle just because they arrested you in the same way they can search your person. BUT what they can do is a “vehicle inventory” after they have arrested you during a traffic stop. What is a “vehicle inventory” and how is it different than a search? Since the police are here to serve and protect, they need to do a “vehicle inventory” to ensure nothing valuable is stolen from you while they have your vehicle towed. Anything illegal found during the inventory can be used against you.

Consent

The police can always conduct a search when you agree to let them.

ILLEGAL SEARCHES


Begin at the beginning.

Almost every drug arrest starts from one of these three things:

"Consensual" Encounter

Traffic Stop

Search Warrant

Consensual Encounters

A consensual encounter is what the law calls it when you agree to interact with the police.  The police can walk up and start talking to you just as much as anyone else can interrupt your day.  When you are leaving a concert or a game, ever have someone in the street try to hand you something?  You can interact with them or ignore them.  Same with the police.

You are completely comfortable ignoring the police, right?  I doubt it.  If you simply walk away then you risk being arrested, right?  Yes.  Doesn't seem very consensual.

When do I have to talk to the police?

Sadly, there is no easy answer to this question.  If you don't want to interact with the police, ASK IF YOU ARE FREE TO LEAVE.  If they say no, then you are being detained.  If they say yes, then feel free to walk away.

Unless you ask, then its anyone's guess.  A perfect example happened to client of mine.  He was walking to down the street to his mother's house.  In the offense report, the police officer simply stated, (the officer) made a consensual contact with (client) .  That was it.  After further investigation and reviewing the in-car video, it was discovered that the consensual contact occurred when the police pull up beside him and said:

Officer: Do you have any tickets out right now?

Officer: Got nothing on you or nothing like that?

Officer: Sure?

Officer: Sure?

Officer: You’re not sure?

Client: I said no, Sir.

Officer: I said, are you sure?

Officer: So you’re not sure if you have something or not?

Client: I said no, Sir. I told you that.

Officer: No, I get that, I’m saying do you have anything illegal on you.

Client: I said no, Sir.

Officer: And I said are you positive about that.

Client: I said no, Sir.

Officer: So you don’t know if you have something illegal or not?

Officer: You mind if I check?

Officer: Come on over here.

Would you feel free to ignore the officer or would you feel as though you are being command to walk over to the officer and talk to him?

What the law says…

Courts say that there is no bright-line rule to determine when an encounter with the police turns from voluntary to involuntary.  Instead, courts look at the totality of the circumstances surrounding the interaction to determine whether a reasonable person would have felt free to ignore the police officer's request or terminate the encounter.  Do you find that helpful?

Judge's review the facts in the case based on the time, place and content of the conversation.  That means that it is almost impossible to say how a Judge will second guess your decision to agree to talk to the police or ignore them.  The Texas Court of Criminal Appeals has said that a police officer's asking questions and requesting consent to search do not alone render an encounter a detention but that ONLY when an officer conveys a message that compliance is required does a consensual encounter become a detention.  Judges have decided differently as to whether or not an officer telling someone to come here is a command or a request.

What to remember?

If you don't want to interact with the police, ASK IF YOU ARE FREE TO LEAVE.

Detentions and Traffic Stops

Most people who are detained by the police are being detained for a traffic violation however the principles apply to anytime the police stop you and you are not free to leave.  If you are not free to leave then the law says you are being seized by the police.  So the polices actions are evaluated against your protections under the 4th amendment from unreasonable seizures.  So what is reasonable and what is unreasonable?  The law library is full of courts providing explanations and examples.

Courts view being temporarily detained differently then being arrested.  For the police to justifying detaining someone, they must have reasonable suspicion based on articulable facts that a crime has occurred or is occurring.   Being arrested requires probable cause .

So what is reasonable suspicion?

Much like the discussion above regarding consensual encounters, there isn't a real definition of what is reasonable suspicion.  Court look at each case and set of facts separately.  So we can look to past decisions to help guess at what is and what is not reasonable suspicion.

 

The Good News

Reasonable suspicion requires more than suspicion or hunch.   It also can't be solely based on you being nervous or refusal to cooperate with the police.   In fact, the Supreme Court has said that most citizens with nothing to hide are understandably nervous when interacting with the police.  Other prior court decisions:

High Crime Area ≠ Reasonable Suspicion

Your location alone is insufficient.

Furtive Movement ≠ Reasonable Suspicion

Furtive is a fancy term the police love to use. Furtive means attempting to avoid notice or attention.  What the police are saying that it looks like you are trying to hide something.

 Ignoring the Police ≠ Reasonable Suspicion

Nothing wrong with refusing to talk to the police. REMEMBER TO ASK IF YOU ARE FREE TO LEAVE.

 

The Bad News

Start combing any of the above and it starts getting closer and closer to reasonable suspicion.  In fact, reasonable suspicion may exist even where the conduct of the person detained is as consistent with innocent activity as with criminal activity.  This means that you don't have to be doing anything illegal to be detained.  You don't have to actually be speeding to be stopped for speeding if the police can explain that their belief that you were speeding was based on more than suspicion or hunch.

Pretext Stops

The law does not care as to the real reason a police officer stopped you as long as the police officer has a legal basis for stopping you.  That means that profiling is legal as long as the profiling is coupled with reasonable suspicion of criminal activity.

Real Life Example of an Illegal Traffic Stop

A former client was facing high level felony drug possession charges after drugs where found in his car following a traffic stop.  In the offense report the police officer wrote that the car was stopped because “the rear reflectors to be blacked out with an alternate to reduce visibility from factor standard which is a violation of law (defective equipment – blacked out head/tail lights)”.  It was true that the car did have tinted tail lights, the car should not have been able to pass the state inspection because of the reduced visibility and that the traffic code says that any violation of state inspection is also a traffic offense.  So the officer, DPS and even the District Attorney's office believed that it was a violation of the law .   This all changed and the client's case was dismissed once Reese proved them wrong.

Traffic Stop Gone Bad

A perfectly legal traffic stop can easily turn into an illegal detention.  Why?  Because if the police stop you for speeding, they can't start investigating you for drug possession without a reason.

 

What the Police Can Do During a Traffic Stop

Ask for your Driver's license.

Ask for your proof of financial responsibility.

Ask for proof of your vehicle's registration.

Check to see if you have any open warrants for your arrested.

Police can ask unrelated questions as long as it doesn't prolong the stop.

Police can detain you as long as it takes to do the above and write you a citation.

 

What the Police CANNOT Do During a Traffic Stop

Police cannot detain you any longer than is necessary to accomplish the above without providing additional reasonable suspicion for the prolonged detention.

Search Warrants

The 4th amendment states that it is

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The two most common mistakes the police make with a search warrant are:

  1. Insufficient Investigation
  2. Typos

Insufficient Investigation

The constitution requires that the warrant be based upon probable cause.  There is a library full of court decisions on what is and what is not probable cause .  Court's say that “probable cause” for a search warrant exists if, under the totality of the circumstances presented to the magistrate, there is at least a fair probability or substantial chance that contraband or evidence of a crime will be found at the specified location”.  The totality of the circumstances just as in the above decisions, are determined on a case by case basis.  

Typos

The constitution requires the warrant particularly describe the place to be searched, and the persons or things to be seized.  Many times the search becomes illegal simply because the wrong name or address is written in the warrant.

Warrantless Searches

The law says that any search of an individual without a warrant is unlawful BUT then the law lists a bunch of exceptions when the police can conduct a warrantless search.

 

When can the police do search without a warrant?

Warrantless Search of a Person

The police can pat you down for weapons IF they can reasonable suspicion  that you may be armed and are presently dangerous.  Then while patting you down, if they feel something that based on their training and experience leads them to believe is illegal contraband (drugs), then they can go in into your pockets.  The police can also search you after you have been arrested.  Note that you can be arrested for anything other than speeding and open container in Texas.  So the police can arrest you for a traffic violation for the sole purpose of getting to each you.

Warrantless Search of a Car

The same requirement for probable cause applies to searching your car as it does your home.  HOWEVER, unlike your home, the police do not need a search warrant to search your vehicle.  Normally this probable cause is based on the police saying that they saw something illegal in your car.  Examples include officers saying that they saw what appeared to be drug related such as wrapping paper or unmarked prescription bottles.  Seeing is also smelling.  The most common probably cause for searching a car during a traffic stop is the smell of burnt marijuana.  If the police say they smell weed, they can now search your car.  No probably cause? No problem.  The police can't search your vehicle just because they arrested you in the same way they can search your person.  BUT what they can do is a vehicle inventory after they have arrested you during a traffic stop.  What is a vehicle inventory and how is it different than a search?  Since the police are here to serve and protect, they need to do a vehicle inventory to ensure nothing valuable is stolen from you while they have your vehicle towed.  Anything illegal found during the inventory can be used against you.

Warrantless Search of a Home

A search of your home cannot be done without a warrant so much like the vehicle inventory from above, its important that they police call it something else.  Thankfully, courts are very protective of our homes.  One of the rare exceptions of going into someone's home without a warrant is when the police can explain exigent circumstances.   Exigent circumstances are when the police can describe a situation when there is no time to get a search warrant.  With the advancement of technology such as the ability to fax and email a search warrant to a Judge, these type of situations rarely exist.  Now the police tend to be limited to an emergency such as when they believe that life is in danger.

Consent

The police can always conduct a search when you agree to let them.

Facing DWI Charges?

Let Reese's extensive experience & insight work for you.

FORMER DWI PROSECUTOR

DWI JURY TRIAL EXPERIENCE

ON-SCENE EXPERIENCE

As a former prosecutor, Reese has had the opportunity to not only review thousands of DWI arrests but also develop a deeper understanding of the process due to his relationships with police officers and DWI experts.
Reese has DWi jury trial experience ranging misdemeanors to defendant's looking at life in prison. Reese understands juries. He knows how juries view DWI and the types of evidence that presented in DWI case which is why he knows what it takes to win.
Reese has on-scene experience in DWIs from traffic stops to hospital blood draws. He knows the mistakes that are made because he has seen them over and over again.

Drug Crimes & Punishment

The only drug crime that matters is the one you are facing but here are the rest.

Marihuana

If you looking crimes involving marijuana or cannabis then you will have to look elsewhere.  Folks smoke marihuana in Texas.

In Texas, marijuana laws differ from controlled substances.  In order for someone to be in illegal possession, it must be a usable amount.  Seeds and stems only are not a crime.  Also different is the delivery crime which request actual delivery not the intent to deliver.

 

POSSESSION OF MARIHUANA.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

 

DELIVERY OF MARIHUANA.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD.

(a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:

(1) who is a child;

(2) who is enrolled in a public or private primary or secondary school; or

(3) who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).

(b) It is an affirmative defense to prosecution under this section that:

(1) the actor was a child when the offense was committed; or

(2) the actor:

(A) was younger than 21 years of age when the offense was committed;

(B) delivered only marihuana in an amount equal to or less than one-fourth ounce; and

(C) did not receive remuneration for the delivery.

(c) An offense under this section is a felony of the second degree.

(d) In this section, child means a person younger than 18 years of age.

(e) If conduct that is an offense under this section is also an offense under another section of this chapter, the actor may be prosecuted under either section or both.

Controlled Substances

The Texas Controlled Substance Act is found in chapter 481 of the Texas Health Safety Code.  Federal drug crimes a classified by schedule.   In Texas they are classified by penalty group.  These schedules/penalty groups are meant to group substances together according to their potential for abuse.  Its called a penalty group because every crime involving the substance in the group comes with the same possible punishments.  So the more dangerous the drug, the harsher its treated.  Within each penalty group, punishments are further separated by weight and if someone is alleged to have merely possessed the substance or if they had the intent to manufacturer or deliver it.

Penalty Group 1 Substances

Penalty Group 1 consists of:

(1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

Alfentanil;

Allylprodine;

Alphacetylmethadol;

Benzethidine;

Betaprodine;

Clonitazene;

Diampromide;

Diethylthiambutene;

Difenoxin not listed in Penalty Group 3 or 4;

Dimenoxadol;

Dimethylthiambutene;

Dioxaphetyl butyrate;

Dipipanone;

Ethylmethylthiambutene;

Etonitazene;

Etoxeridine;

Furethidine;

Hydroxypethidine;

Ketobemidone;

Levophenacylmorphan;

Meprodine;

Methadol;

Moramide;

Morpheridine;

Noracymethadol;

Norlevorphanol;

Normethadone;

Norpipanone;

Phenadoxone;

Phenampromide;

Phenomorphan;

Phenoperidine;

Piritramide;

Proheptazine;

Properidine;

Propiram;

Sufentanil;

Tilidine; and

Trimeperidine;

(2) the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

Acetorphine;

Acetyldihydrocodeine;

Benzylmorphine;

Codeine methylbromide;

Codeine-N-Oxide;

Cyprenorphine;

Desomorphine;

Dihydromorphine;

Drotebanol;

Etorphine, except hydrochloride salt;

Heroin;

Hydromorphinol;

Methyldesorphine;

Methyldihydromorphine;

Monoacetylmorphine;

Morphine methylbromide;

Morphine methylsulfonate;

Morphine-N-Oxide;

Myrophine;

Nicocodeine;

Nicomorphine;

Normorphine;

Pholcodine; and

Thebacon;

(3) the following substances, however produced, except those narcotic drugs listed in another group:

(A) Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including:

Codeine not listed in Penalty Group 3 or 4;

Dihydroetorphine;

Ethylmorphine not listed in Penalty Group 3 or 4;

Granulated opium;

Hydrocodone not listed in Penalty Group 3;

Hydromorphone;

Metopon;

Morphine not listed in Penalty Group 3;

Opium extracts;

Opium fluid extracts;

Oripavine;

Oxycodone;

Oxymorphone;

Powdered opium;

Raw opium;

Thebaine; and

Tincture of opium;

(B) a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium;

(C) Opium poppy and poppy straw;

(D) Cocaine, including:

(i) its salts, its optical, position, and geometric isomers, and the salts of those isomers;

(ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves;

(iii) a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and

(E) concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrine alkaloids of the opium poppy;

(4) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenethyl)-4-piperidinyl]-N-phenylacetamide);

Alpha-methylthiofentanyl (N-[1-methyl-2-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

Alphaprodine;

Anileridine;

Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl] -N-phenylpropanamide);

Beta-hydroxy-3-methylfentanyl;

Bezitramide;

Carfentanil;

Dihydrocodeine not listed in Penalty Group 3 or 4;

Diphenoxylate not listed in Penalty Group 3 or 4;

Fentanyl or alpha-methylfentanyl, or any other derivative of Fentanyl;

Isomethadone;

Levomethorphan;

Levorphanol;

Metazocine;

Methadone;

Methadone-Intermediate, 4-cyano-2-dimethylamino- 4, 4-diphenyl butane;

3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide);

3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);

Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- phenylethyl)-4-piperidinylpropanamide);

PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine);

Pethidine (Meperidine);

Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;

Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate;

Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid;

Phenazocine;

Piminodine;

Racemethorphan;

Racemorphan;

Remifentanil; and

Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(5) Flunitrazepam (trade or other name: Rohypnol);

(6) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;

(7) Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine;

(8) Phencyclidine, including its salts;

(9) Gamma hydroxybutyric acid (some trade or other names: gamma hydroxybutyrate, GHB), including its salts; and

(10) Ketamine.

 

Penalty Group 1 Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 1.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD. If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:

(1) the punishments specified by Sections 481.112(b) and (c) are increased by one degree;

(2) the minimum term of imprisonment specified by Section 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and

(3) the minimum term of imprisonment specified by Section 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.

Penalty Group 1-A Substances

Penalty Group 1-A consists of:

(1) lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers; and

(2) compounds structurally derived from 2,5-dimethoxyphenethylamine by substitution at the 1-amino nitrogen atom with a benzyl substituent, including:

(A) compounds further modified by:

(i) substitution in the phenethylamine ring at the 4-position to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents); or

(ii) substitution in the benzyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents); and

(B) by example, compounds such as:

4-Bromo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25B-NBOMe, 2C-B-NBOMe);

4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25C-NBOMe, 2C-C-NBOMe);

2,5-Dimethoxy-4-methyl-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25D-NBOMe, 2C-D-NBOMe);

4-Ethyl-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25E-NBOMe, 2C-E-NBOMe);

2,5-Dimethoxy-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25H-NBOMe, 2C-H-NBOMe);

4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (some trade and other names: 25I-NBOMe, 2C-I-NBOMe);

4-Iodo-2,5-dimethoxy-N- benzylphenethylamine (trade or other name: 25I-NB);

4-Iodo-2,5-dimethoxy-N-(2,3- methylenedioxybenzyl)phenethylamine (trade or other name: 25I-NBMD);

4-Iodo-2,5-dimethoxy-N-(2- fluorobenzyl)phenethylamine (trade or other name: 25I-NBF);

4-Iodo-2,5-dimethoxy-N-(2-hydroxybenzyl)phenethylamine (trade or other name: 25I-NBOH);

2,5-Dimethoxy-4-nitro-N-(2-methoxybenzyl)phenethylamine (trade or other names: 25N-NBOMe, 2C-N-NBOMe); and

2,5-Dimethoxy-4-(n)-propyl-N-(2- methoxybenzyl)phenethylamine (some trade and other names: 25P-NBOMe, 2C-P-NBOMe).

(b) To the extent Subsection (a)(2) conflicts with another provision of this subtitle or another law, the other provision or the other law prevails.

 

Penalty Group 1-A Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A.

(a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A.

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20;

(2) a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;

(3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;

(4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and

(5) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A.

(a) Except as provided by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A.

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20;

(2) a felony of the second degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;

(3) a felony of the first degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; and

(4) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 4,000 or more.

Penalty Group 2 Substances

Penalty Group 2 consists of:

(1) any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

5-(2-aminopropyl)benzofuran (5-APB);

6-(2-aminopropyl)benzofuran (6-APB);

5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);

6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);

5-(2-aminopropyl)indole (5-IT,5-API);

6-(2-aminopropyl)indole (6-IT,6-API);

1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);

1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);

Benzothiophenylcyclohexylpiperidine (BTCP);

8-bromo-alpha-methyl-benzo[1,2-b:4,5-b]difuran- 4-ethanamine (trade or other name: Bromo-DragonFLY);

Desoxypipradrol (2-benzhydrylpiperidine);

2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);

Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol, D2PM);

Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product (some trade or other names for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- (trans)- tetrahydrocannabinol);

Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);

2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or other name: methoxetamine);

Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1, 2:1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);

5-iodo-2-aminoindane (5-IAI);

Mescaline;

5-methoxy-3, 4-methylenedioxy amphetamine;

4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);

4-methoxymethamphetamine (PMMA);

2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some trade and other names: 2-MeO-ketamine; methoxyketamine);

1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);

4-methyl-2, 5-dimethoxyamphetamine (some trade and other names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine; DOM; STP);

3,4-methylenedioxy methamphetamine (MDMA, MDM);

3,4-methylenedioxy amphetamine;

3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl MDA);

5,6-methylenedioxy-2-aminoindane (MDAI);

Nabilone (Another name for nabilone: (+)-trans- 3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, 6-dimethyl-9H-dibenzo[b,d] pyran-9-one;

N-benzylpiperazine (some trade or other names: BZP; 1-benzylpiperazine);

N-ethyl-3-piperidyl benzilate;

N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

4-methylaminorex;

N-methyl-3-piperidyl benzilate;

Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran; Synhexyl);

1-Phenylcyclohexylamine;

1-Piperidinocyclohexanecarbonitrile (PCC);

Pyrrolidine Analog of Phencyclidine (some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);

Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:

delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or

compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;

Thiophene Analog of Phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP);

1-pyrrolidine (some trade or other name: TCPy);

1-(3-trifluoromethylphenyl)piperazine (trade or other name: TFMPP); and

3,4,5-trimethoxy amphetamine;

(2) Phenylacetone (some trade or other names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);

(3) unless specifically excepted or unless listed in another Penalty Group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant or stimulant effect on the central nervous system:

Aminorex (some trade or other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- phenyl-2-oxazolamine);

Amphetamine, its salts, optical isomers, and salts of optical isomers;

Cathinone (some trade or other names: 2-amino-1- phenyl-1-propanone, alpha-aminopropiophenone, 2- aminopropiophenone);

Etaqualone and its salts;

Etorphine Hydrochloride;

Fenethylline and its salts;

Lisdexamfetamine, including its salts, isomers, and salts of isomers;

Mecloqualone and its salts;

Methaqualone and its salts;

Methcathinone (some trade or other names: 2- methylamino-propiophenone; alpha-(methylamino)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431);

N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and

N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethanamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers;

(4) any compound structurally derived from 2-aminopropanal by substitution at the 1-position with any monocyclic or fused-polycyclic ring system, including:

(A) compounds further modified by:

(i) substitution in the ring system to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), whether or not further substituted in the ring system by other substituents;

(ii) substitution at the 3-position with an alkyl substituent; or

(iii) substitution at the 2-amino nitrogen atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or inclusion of the 2-amino nitrogen atom in a cyclic structure; and

(B) by example, compounds such as:

4-Methylmethcathinone (Also known as Mephedrone);

3,4-Dimethylmethcathinone (Also known as 3,4-DMMC);

3-Fluoromethcathinone (Also known as 3-FMC);

4-Fluoromethcathinone (Also known as Flephedrone);

3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone);

3,4-Methylenedioxypyrovalerone (Also known as MDPV);

alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP);

Naphthylpyrovalerone (Also known as Naphyrone);

alpha-Methylamino-valerophenone (Also known as Pentedrone);

beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone);

beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone);

beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone); and

3,4-methylenedioxy-N-ethylcathinone (Also known as Ethylone);

(5) any compound structurally derived from tryptamine (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:

(A) by modification in any of the following ways:

(i) by substitution at the amine nitrogen atom of the sidechain to any extent with alkyl or alkenyl groups or by inclusion of the amine nitrogen atom of the side chain (and no other atoms of the side chain) in a cyclic structure;

(ii) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain (alpha-position) with an alkyl or alkenyl group;

(iii) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, alkylenedioxy, or halide substituents; or

(iv) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent; and

(B) including:

(i) ethers and esters of the controlled substances listed in this subdivision; and

(ii) by example, compounds such as:

alpha-ethyltryptamine;

alpha-methyltryptamine;

Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- dimethyltryptamine; mappine);

Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);

Dimethyltryptamine (trade or other name: DMT);

5-methoxy-N, N-diisopropyltryptamine (5-MeO-DiPT);

O-Acetylpsilocin (Trade or other name: 4-Aco-DMT);

Psilocin; and

Psilocybin;

(6) 2,5-Dimethoxyphenethylamine and any compound structurally derived from 2,5-Dimethoxyphenethylamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:

4-Bromo-2,5-dimethoxyphenethylamine (trade or other name: 2C-B);

4-Chloro-2,5-dimethoxyphenethylamine (trade or other name: 2C-C);

2,5-Dimethoxy-4-methylphenethylamine (trade or other name: 2C-D);

4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name: 2C-E);

4-Iodo-2,5-dimethoxyphenethylamine (trade or other name: 2C-I);

2,5-Dimethoxy-4-nitrophenethylamine (trade or other name: 2C-N);

2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other name: 2C-P);

4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-2);

4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other name: 2C-T-4); and

2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or other name: 2C-T-7); and

(7) 2,5-Dimethoxyamphetamine and any compound structurally derived from 2,5-Dimethoxyamphetamine by substitution at the 4-position of the phenyl ring to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), including, by example, compounds such as:

4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-2);

4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other name: Aleph-4);

4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);

4-Chloro-2,5-dimethoxyamphetamine (trade or other name: DOC);

2,5-Dimethoxy-4-ethylamphetamine (trade or other name: DOET);

4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);

2,5-Dimethoxy-4-methylamphetamine (trade or other name: DOM);

2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);

4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name: DOIP); and

2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name: DOPR).

(b) For the purposes of Subsection (a)(1) only, the term isomer includes an optical, position, or geometric isomer.

(c) To the extent Subsection (a)(4), (5), (6), or (7) conflicts with another provision or this subtitle or another law, the other provision or the other law prevails. If a substance listed in this section is also listed in another penalty group, the listing in the other penalty group controls.

(d) If a substance listed in this section is approved by the Federal Drug Administration, the inclusion of that substance in this penalty group does not apply, and notwithstanding any other law, a person may not be convicted for the manufacture or delivery of the substance under Section 481.113 or for possession of the substance under Section 481.116.

 

Penalty Group 2 Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 2.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

 

Penalty Group 2-A Substances

Penalty Group 2-A consists of any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance, including its salts, isomers, and salts of isomers, listed by name in this subsection or contained within one of the structural classes defined in this subsection:

(1) WIN-55,212-2;

(2) Cyclohexylphenol: any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any extent, including:

JWH-337;

JWH-344;

CP-55,940;

CP-47,497; and

analogues of CP-47,497;

(3) Cannabinol derivatives, except where contained in marihuana, including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:

Nabilone;

HU-210; and

HU-211;

(4) Tetramethylcyclopropyl thiazole: any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol- 2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including:

A-836,339;

(5) any compound containing a core component substituted at the 1-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:

Naphthoylindane;

Naphthoylindazole (THJ-018);

Naphthyl methyl indene (JWH-171);

Naphthoylindole (JWH-018);

Quinolinoyl pyrazole carboxylate (Quinolinyl fluoropentyl fluorophenyl pyrazole carboxylate);

Naphthoyl pyrazolopyridine; and

Naphthoylpyrrole (JWH-030);

(6) any compound containing a core component substituted at the 1-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:

Naphthoylbenzimidazole (JWH-018 Benzimidazole); and

Naphthoylimidazole;

(7) any compound containing a core component substituted at the 3-position to any extent, and substituted at the 2-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:

Naphthoyl benzothiazole; and

(8) any compound containing a core component substituted at the 9-position to any extent, and substituted at the 3-position with a link component attached to a group A component, whether or not the core component or group A component are further substituted to any extent, including:

Naphthoylcarbazole (EG-018).

 

Penalty Group 2-A Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b) An offense under this section is:

(1) a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less;

(2) a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces;

(3) a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2A

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2 or 2-A.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.

(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

 

Penalty Group 3 Substances

 

Penalty Group 3 consists of:

(1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

Methylphenidate and its salts; and

Phenmetrazine and its salts;

(2) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid not otherwise described by this subsection;

a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salt of any of these, and one or more active medicinal ingredients that are not listed in any penalty group;

a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs, and approved by the United States Food and Drug Administration for marketing only as a suppository;

Alprazolam;

Amobarbital;

Bromazepam;

Camazepam;

Chlordiazepoxide;

Chlorhexadol;

Clobazam;

Clonazepam;

Clorazepate;

Clotiazepam;

Cloxazolam;

Delorazepam;

Diazepam;

Estazolam;

Ethyl loflazepate;

Fludiazepam;

Flurazepam;

Glutethimide;

Halazepam;

Haloxzolam;

Ketazolam;

Loprazolam;

Lorazepam;

Lormetazepam;

Lysergic acid, including its salts, isomers, and salts of isomers;

Lysergic acid amide, including its salts, isomers, and salts of isomers;

Mebutamate;

Medazepam;

Methyprylon;

Midazolam;

Nimetazepam;

Nitrazepam;

Nordiazepam;

Oxazepam;

Oxazolam;

Pentazocine, its salts, derivatives, or compounds or mixtures thereof;

Pentobarbital;

Pinazepam;

Prazepam;

Quazepam;

Secobarbital;

Sulfondiethylmethane;

Sulfonethylmethane;

Sulfonmethane;

Temazepam;

Tetrazepam;

Tiletamine and zolazepam in combination, and its salts. (some trade or other names for a tiletamine-zolazepam combination product: Telazol, for tiletamine: 2-(ethylamino)- 2-(2-thienyl)-cyclohexanone, and for zolazepam: 4-(2- fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4- e](1,4)-d diazepin-7(1H)-one, flupyrazapon);

Triazolam;

Zaleplon;

Zolpidem; and

Zopiclone;

(3) Nalorphine;

(4) a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts:

not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and

not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) a material, compound, mixture, or preparation that contains any quantity of the following substances:

Barbital;

Chloral betaine;

Chloral hydrate;

Ethchlorvynol;

Ethinamate;

Meprobamate;

Methohexital;

Methylphenobarbital (Mephobarbital);

Paraldehyde;

Petrichloral; and

Phenobarbital;

(6) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(7) unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substances salts, optical, position, or geometric isomers, and salts of the substances isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

Benzphetamine;

Cathine [(+)-norpseudoephedrine];

Chlorphentermine;

Clortermine;

Diethylpropion;

Fencamfamin;

Fenfluramine;

Fenproporex;

Mazindol;

Mefenorex;

Modafinil;

Pemoline (including organometallic complexes and their chelates);

Phendimetrazine;

Phentermine;

Pipradrol;

Sibutramine; and

SPA [(-)-1-dimethylamino-1,2-diphenylethane];

(8) unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts:

Dextropropoxyphene (Alpha-(+)-4-dimethylamino- 1,2-diphenyl-3-methyl-2-propionoxybutane);

(9) an anabolic steroid, including any drug or hormonal substance, or any substance that is chemically or pharmacologically related to testosterone, other than an estrogen, progestin, dehydroepiandrosterone, or corticosteroid, and promotes muscle growth, including the following drugs and substances and any salt, ester, or ether of the following drugs and substances:

Androstanediol;

Androstanedione;

Androstenediol;

Androstenedione;

Bolasterone;

Boldenone;

Calusterone;

Clostebol;

Dehydrochlormethyltestosterone;

Delta-1-dihydrotestosterone;

Dihydrotestosterone (4-dihydrotestosterone);

Drostanolone;

Ethylestrenol;

Fluoxymesterone;

Formebulone;

Furazabol;

13beta-ethyl-17beta-hydroxygon-4-en-3-one;

4-hydroxytestosterone;

4-hydroxy-19-nortestosterone;

Mestanolone;

Mesterolone;

Methandienone;

Methandriol;

Methenolone;

17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- androstane;

17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha- androstane;

17alpha-methyl-3beta, 17beta-dihydroxyandrost-4- ene;

17alpha-methyl-4-hydroxynandrolone;

Methyldienolone;

Methyltestosterone;

Methyltrienolone;

17alpha-methyl-delta-1-dihydrotestosterone;

Mibolerone;

Nandrolone;

Norandrostenediol;

Norandrostenedione;

Norbolethone;

Norclostebol;

Norethandrolone;

Normethandrolone;

Oxandrolone;

Oxymesterone;

Oxymetholone;

Stanozolol;

Stenbolone;

Testolactone;

Testosterone;

Tetrahydrogestrinone; and

Trenbolone; and

(10) Salvia divinorum, unless unharvested and growing in its natural state, meaning all parts of that plant, whether growing or not, the seeds of that plant, an extract from a part of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or extracts, including Salvinorin A.

(b) Penalty Group 3 does not include a compound, mixture, or preparation containing a stimulant substance listed in Subsection (a)(1) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a stimulant effect on the central nervous system.

(c) Penalty Group 3 does not include a compound, mixture, or preparation containing a depressant substance listed in Subsection (a)(2) or (a)(5) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.

 

 

Penalty Group 3 Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 3.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

(b) An offense under Subsection (a) is a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.

 

Penalty Group 4 Substances

 

Penalty Group 4 consists of:

(1) a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

(2) unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation containing any quantity of the narcotic drug Buprenorphine or Butorphanol or a salt of either; and

(3) unless specifically exempted or excluded or unless listed in another penalty group, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone, a substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.

 

Penalty Group 4 Punishments

POSSESSION OF SUBSTANCE IN PENALTY GROUP 4.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice.

(b) An offense under Subsection (a) is a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.

MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 4.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4.

(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.

 

1


Operating

2


A Motor Vehicle

3


In A Public Place

4


While Intoxicated

Elements?

The word “element” is used to separate the different things that have to be proven beyond a reasonable doubt before someone can be found guilty of a crime.  Since each element has to be proven beyond a reasonable doubt, if there is doubt as to any of the “elements” then the jury must find the person not guilty.  Each of the above elements present unique opportunities for a Defendant to challenge the State’s evidence against them.

1. Operating

Most people might think they law is “driving” but its “operating”.   There is not a clear definition of what operating is but courts have been willing to see it as more than just driving.  A court allowed a jury to find that the defendant was “operating” when the defendant was parked on the side of the road, asleep in driver’s seat, with the engine was running.  You must wonder who the defense attorney was that couldn’t convince the jury that wasn’t operating.  Choose your attorney wisely.

2. A Motor Vehicle

Ever think about what the definition of a “motor vehicle” is?  Most people probably haven’t.  The Texas Penal Code says, “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.  Normally this is straight forward but sometimes it is not.  Is a golf cart a motor vehicle?  Could the attorney you hire have an impact on how that question is decided?

3. In a Public Place

The law provides that a public place is a place that is accessible to the public.  With such a broad description, courts have often disagreed with its meaning.  Sometimes they have found parking lots to be a public place and sometimes they don’t.  This a good example of the impact of your attorney’s ability to make a strong argument for you can have on the outcome of your case.

4. While Intoxicated

Chapter 49 of the Texas Penal Code says that “Intoxicated” means:

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or

(B)  having an alcohol concentration of 0.08 or more.

Subsection (A) could be divided into its own set of “elements.”

1. Loss of the normal use

What is considered “normal use” is up to the jury to decide.  What isn’t required is that they take you specifically into consideration because they have no idea what your normal use is.

2. of mental OR physical faculties

To be found guilty the jury can find a loss to the normal use of either or both for them.  The State will use the observations made about you in the offense report and/or the police video and claim that it is an indication of the loss of the normal use of your mental or physical faculties.  If you talk slow, the State will probably say it’s because you are intoxicated.  If you talk fast, the State will probably argue that it’s because your intoxicated.  Your attorney will also have a turn to speak to the jury.

3. because of the instruction of alcohol or drugs.

An individual can be charged with intoxication based on alcohol or the introduction of any substance into the body including prescription and over the counter medications.  The State may also argue that intoxication is caused by the combination of alcohol and drugs which is referred to as a synergistic effect.

Subsection (B) has to do with blood or breath test results.  See below for more about these tests.  One think to note about the legal standard is that it only applies to alcohol.  There is no legal standard to determine whether or not a certain amount of drugs found during a blood test causes intoxication.

Driving While Intoxicated – “The Scene of the Crime”

Almost All DWI Follow A Simple Pattern

1

2

3

4

5

Stop

Field Sobriety Test

Arrest

Blood/Breath Test Request

Blood/Breath Test

1. The Stop

Bad Stop = Dismissal

The first stop in evaluating a DWI is to determine whether or not you were lawfully stopped or detained by the police.  If the stop isn’t legal, then the State can’t present any of the evidence against you.

Traffic Violations

Most DWIs start when you are stopped by the police for a traffic violation.  As careful of a driving as you may be, the police begin stopped people at night for a lot more than just speeding.  Many DWI stops start when people are pulled over for “no license plate light”.  Do you check your license plate light every time your drive?

Suspicion of Driving While Intoxicated

Many DWIs start because the police claim to have a “reasonable suspicion” that you were driving while intoxicated.   Reasonable suspicion requires more than suspicion or “hunch.”   One example is that merely weaving inside your lane is almost always insufficient for the police to stop someone.

“Community Caretaking”

Sometimes a DWI can start when the police pull over to help someone.  This can be to check on someone fixing a flat to checking on someone asleep in their car on the side of the road.  The most important thing to review in these types of cases is the State’s ability to prove if you drove the car and if you were intoxicated at the time.  If the only evidence they have is that you are present with the car, they cannot prove your drove.  They will also have to prove that when you drove you were intoxicated but how can they prove when you drove?  These cases can be very difficult for the State to prove.

 

2. The “Test”

A police officer deciding that you are intoxicated is clearly a subjective, personal opinion. They have probably already made up their mind in the first few seconds of talking with you.  So now they need to convince the jury, right? In comes the standard field sobriety tests.

“Field sobriety tests” sound good but even the phrase is misleading and is designed to give it more credibility than it deserves.  Field sobriety tests are not actual “tests” at all in the normal sense of the word.  There is no opportunity to prepare for the tests, there is no explanation of expectations and if you pass or fail is left to the opinion of the officer.

The Field Sobriety Test

Even if you are sober, it may be in your interests to refuse to take a field test BUT refusing to play along is called a “total refusal”.  You can read more about “total refusals” below. The standardized field sobriety tests include:

    The horizontal gaze nystagmus, which involves following an object (usually a pen) with your eyes as the officer moves back and forth in front of you. The officer will be watching for signs of nystagmus. Nystagmus is an involuntary jerking of the eyes that can be caused by a depressant such as alcohol.  Unfortunately, there are many other causes of nystagmus but those reasons will be mostly ignored by the police officer.  one-leg stand test, where a driver will be asked to stand in place with both arms remaining at his or her sides, and one foot slightly elevated approximately six inches off the ground. The officer is evaluating your ability to balance. The walk and turn test, in which a driver will walk forward with his or her feet heel to toe. The driver must then turn around and walk back. This test includes a fair amount of specific instructions that will be strictly graded. Reese has probably reviewed thousands of DWI videos and believes he has never seen anyone perform this test perfectly.

The State will play the in-car video of this performance for the jury while the police officer explains that it isn’t a pass/fail test but in his opinion, you failed.  Doesn’t seem very fair but the good news is that an experienced defense attorney as at your side who gets to conduct a cross examination of the officer.

Portable Breath Tests (PBTs)

State Troopers tend to be the only police officers that have portable breath tests machines (PBTs).  A PBT is a handheld device that when blow into, tests the alcohol concentration in the driver’s breath.  While not admissible in court because they do work well, the officer is legally allowed to use it in deciding on whether to make an arrest.  Yet another example of the unfair process that must be pointed out to the jury.

“Total Refusal”

A “total refusal” is the phrase used by the police and prosecutors when a driver decides to not play along.  Generally, this has to do with a driver refusing to participate in the field sobriety tests.   A “total refusal” will often times get you arrested no matter what.  If you do play along, these tests are usually difficult for most people to take, even if they were not drinking.

The law provides that the smell of alcohol alone is not enough to arrest someone of DWI.  What would happen if, after being stopped by the police, a driver handed over their driver’s license and insurance but refused to do or say anything else?  What if the only thing a driver said to the officer was, “I am not going to answer any of your questions until I can speak with an attorney”?  In that case, is the smell of alcohol the only proof of the officer has?  If so, the law says that isn’t enough but remember that a total refusal will usually get a driver arrested.

 

3. The Arrest

Once the police have come to the opinion that you have lost the normal use of your physical or mental capacity, the driver is arrested.

 

4. The Additional Test “Request”

After an arrest, the police officer will request that a driver take a blood or breath test.  Which test to offer is up to the police officer. 

Most people have heard and believe that you should always refuse.  If you refuse, your driver’s license is “automatically” suspended.  Reese prefers to say it’s subject* to being suspended.  After a refusal, the officer can (and probably will) obtain a search warrant to forcible take a blood sample.

See More Below About Consequences of Refusing & Driver’s License Suspensions

 

 

“The Breathalyzer” – Intoxilyzer 5000

How the breath test machine works

The Intoxilyzer 5000 is the breathalyzer machined relied upon in Texas.  The machine uses infrared to measure the alcohol in your breath to determine the alcohol contrition in your blood.  To do this the machine fires infrared into a chamber that holds the air that someone blows into it.  The details beyond that are protected from disclosure by the manufacture because it is considered “proprietary information”.   To ensure the machine is working probably, it fires the infrared into a “reference sample” that is suppose to be maintained at 0.08.  If the machine doesn’t read the control as being .08 then an error is given indicating the machine isn’t working probably.  What if the controlled mixture and the machine are wrong?  No one would ever know that it isn’t working during the test.

Curious what the reference sample is?  It’s a glass jar containing a mixture of water and vodka which is mixed and maintained by the “Technical Supervisor”.

The Good & The Bad

The good thing about them is that they can be reliable if the test procedure is followed and the machine is probably maintained.

The bad thing about them is that they can be reliable only if the test procedure is followed and the machine is probably maintained.

Common Issues:

Residual Mouth Alcohol & Observation Period

Prior to blowing into the machine the officer is required to observe the driver for 15 minutes prior to blowing into the machine.  This is because residual alcohol in the month of the driver will cause a false positive in the machine. Many times, this observation period never happens.  The officer’s “observation” consists of them doing something else while they are “around” the driver.

Proper Operating Temperature

The machine and the rooms ambient temperature must be proper.  If not then water vapor and other problems can cause the machine to not function properly. 

Presence of a Radio Signal

The presence of radio signals could have an impact on the machine working probably.  Think there might be radio signals at the police department?

Exposure to Acetone

It has been show that acetone in the body can cause a false reading on a breath test.  Acetone can be a byproduct of incompletely digestion in individuals in certain insulin levels.  Acetone can also be present due to environmental exposures such as with painters.

Improper “Reference Sample” & Machine Maintenance

A person called the “Technical Supervisor” is responsible for making sure the machines are working probably.  This is usually the same person that owes the machines and leases them to the police.   Sound right?  This person ensures that the “reference sample” described above is correct.   Since no one but the company that makes the machine knows how they work, that is all the technical supervisor really does.  What ensures this person checks the machines?  Nothing as seen here.

 

Blood Tests

Blood samples are analyzed for alcohol content using a Gas Chromatography.  More specifically, it is a Head Space Gas Chromatograph with Flame Ionization Detector. 

The Good & The Bad

The good thing about them is that they can be reliable if the test procedure is followed and the machine is probably maintained.

The bad thing about them is that they can be reliable only if the test procedure is followed and the machine is probably maintained.

Many people, including criminal defense attorneys, think that a blood test is better and more reliable.  This isn’t true.  Calling it a “blood test” isn’t even very accurate.  The blood is heated up and then the air above the blood is tested for alcohol concentration.  The same issues that arise with temperature, calibration and human error with the breath test machine apply to a blood test.

Clinical Tests Comparing Blood & Breath Results

It probably comes as no surprise to you that clinical tests involving the taken of a person’s breath sample and blood sample results in the conclusion of different blood alcohol contents.  Jones, A. W., et al. “Measuring ethanol in blood and breath for legal purposes: variability between laboratories and between breath-test instruments.” Clinical Chemistry 38.5 (1992): 743-747.

Consequences of Refusing – Driver’s License Suspensions

Most people have heard and believe that you should always refuse.  If you refuse, your driver’s license is “automatically” suspended.  Reese prefers to say it’s subject* to being suspended.  After a refusal, the officer can (and probably will) obtain a search warrant to forcible take a blood sample.

*Reese says you are subject to a suspension because it is not automatic.  After a DWI arrest in which you have refused to take a blood or breath test, it is extremely important that you realize that you have the right to force DPS to prove that you refused to take a blood or breath test before they can suspend your license.  You must request a hearing within 15 days of the arrest.  The same is true if you agree to take a test and fail.  It is important that you have an updated address on your driver’s license because this is were DPS will send the notice of failure.  Once the notice of failure is received you only have 15 days to request a hearing.  YOU CAN REQUEST IT ONLINE HERE.  

Once a hearing date is set, it is your (or your attorney’s) responsibility to ensure that the police officer is properly subpoenaed to attend the hearing.  If the police officer doesn’t show up then you automatically win and your license is not suspended.  If the officer does show up then this is a great opportunity for your attorney to cross exam the officer before he has a chance to work out his testimony with the prosecutors on your case.

Driver’s License Suspensions for Refusing or Failing a Test

Periods of Suspension for Adults

An individual’s driver license will be suspended under the following circumstances.

1.  The individual refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

180 Days – First Offense

2 Years – If previously suspended for failing or refusing a blood or breath test, or for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years following the date of arrest.

2. The individual provided a blood or breath specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense involving the operation of a motor vehicle or watercraft while intoxicated.

90 Days – First Offense

1 Year – If previously suspended for failing or refusing a blood or breath test OR previously suspended for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

Periods of Suspension for Minors (Under 21 Years of Age)

A minor’s driver license will be suspended under the following circumstances.

1. The minor refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

180 Days – First Offense

2 Years – If previously suspended for failing or refusing a blood or breath test OR previously suspended for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

2. The minor provided a blood or breath specimen or a detectable amount of alcohol was found following an arrest for an offense involving the operation of a motor vehicle while intoxicated.

60 Days – First offense involving alcohol

120 Days – If previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol.

180 Days – If previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.

3. The minor was not requested to provide a blood or breath specimen following the arrest for an offense involving the operation of a motor vehicle because the presence of alcohol was detected or measured by other means.

60 Days – First offense involving alcohol

120 Days – If previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol.

180 Days – If previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.

Periods of Disqualification for a Commercial Driver License (CDL)

A CDL will be disqualified for one year under the following circumstances.

1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle in a public place; or

2. While operating a motor vehicle in a public place, the individual provided a blood or breath specimen that showed an alcohol concentration of:

1. 04 or more (commercial vehicle only)

2. 08 or more (any vehicle)

3. 10 or more (any vehicle)

A CDL will be disqualified for three years from transporting hazardous material under the following circumstances.

1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle transporting a hazardous material required to be placarded (displayed).

2. While transporting hazardous material required to be placarded (displayed), the individual provided a blood or breath specimen that showed an alcohol concentration of:

1. 04 or more (commercial vehicle only)

2. 08 or more (any vehicle)

3. 10 or more (any vehicle)

 

DWI Offenses & Punishments

including mandatory Driver’s License Suspensions



Driving While Intoxicated


First Offense


Class B Misdemeanor 1. Three days to 180 days in jail and a possible a fine up to $2,000; or 2. Probation for up to 2 years Impact on Driver’s License Loss of driver license up to a year Annual fee of $1,000 or $2,000 for three years to retain driver license

First Offense With A Blood Alcohol Content Above 0.15

If there is a breath or blood test that results in a alcohol concentration of above 0.15 then a first offense DWI can be “enhanced” to a class A misdemeanor.


Class A Misdemeanor
1. One month to a year in jail and a possible fine up to $4,000; or  Impact on Driver’s License Loss of driver license from 90 days to up to 1 year Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

First Offense With An Open Container

If it is alleged and proven that the first offense DWI involved an open container of an alcohol beverage being found in the vehicle, then minimum jail penalty increase to six days in jail.  Probation is still available. 

Second Offense


Class A Misdemeanor
1. A minimum of 30 days and up to a year in jail and a possible fine up to $4,000; or  2. Probation for up to 2 years Impact on Driver’s License Loss of driver license from 180 days to up to two years Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver license

Third Offense or more


Third Degree Felony
1. Two to 10 years in prison and a possible fine of up to $10,000; or 2. Probation for up to 10 years
Impact on Driver’s License
Loss of driver license up to two years Annual fee of $1,000, $1,500, or $2,000 for three years to retain driver license

Driving While Intoxicated With A Child Passenger

You can be charged with child endangerment for driving while intoxicated if you’re carrying passengers younger than 15 years old. DWI with a child passenger is punishable by:

State Jail Felony 1. Up to two years in a state jail and a possible fine up to $10,000; or Impact on Driver’s License Loss of your driver license for 180 days

Intoxication Assault


An intoxication assault is where an accident occurred with serious bodily injury resulted as a proximate cause of the intoxication.

Third Degree Felony 1. Two to 10 years in prison and a possible fine of up to $10,000; or 2. Probation for up to 10 years If a probated sentence is received, there is a 30-day minimum jail sentence.

Intoxication Manslaughter

Intoxication manslaughter is a DWI where a death occurred in an accident and where the intoxication was the proximate cause of the death.

Second Degree Felony 1. Two to 20 years in prison and a possible fine of up to $10,000; or Where probation is granted, there are still a requirement of a 120 day jail sentence.

Community Supervision” (Probation)

The vast majority of DWI convictions result in probation.  Probation is formally called “community supervision.”  When probation is granted, a person is first sentence to jail/prison and a possible fine but that sentence is then suspended for a period of time.  During that suspended time period, the person is required to follow a list of conditions which is then supervised by the Judge through a probation officer.  If at any time during that suspend time period the State proves to the Judge that one of the conditions of probation was violated then the Judge can sentence the person to any punishment within the range of the orignal sentence.

Conditions of Probation

Many of the conditions of probation apply to every probation no matter what the crimes is but DWI cases included their own specific conditions.

General Conditions

Don’t commit a new law violation Avoid Injurious Conduct (no one really knows what that means) No consumption of alcohol or drugs not prescribed by a doctor Random drug and alcohol testing Report to a probation officer as directed but normally no less than once a month Pay a monthly supervision fee (normally $60) Pay all fines and court costs Pay small a donation (usually to Crime Stoppers) Perform a specific number of community service hours Remain in the county unless given permission to leave

Specific DWI Conditions

Attend a DWI education class Install an interlock device on your car and only drive cars that have an interlock device Jail time as required by the law or ordered by the Court

DWI Traffic Stops

Most DWI’s start with a traffic stop which is why the first thing to evaluate in your case is whether or not it was a lawful stop.  Being stopped for a traffic violation is a temporary detention.  Temporary detentions are meant to provide the police an opportunity to further investigate whether or not a crime has occurred or is occurring.   During a traffic stop you are not free to leave so the law says you are being “seized” by the police.  Therefore a traffic stop is evaluated against your protections under the 4th amendment from “unreasonable seizures.”  Traffic stops can be unreasonable either because the initial reason for the stop was not reasonable or because the detention following the traffic stop was not reasonable.

So what is reasonable and what is unreasonable with regard to a traffic stop?  The basic rule is that the police must have “reasonable suspicion” based on “articulable facts” that a crime has occurred or is occurring in order to conduct a traffic stop.   Traffic stops typically involve the police seeing someone commit a traffic offense such as speeding.  It is difficult to fight against a police officer who says they saw someone speeding but it is not always as straightforward. 

Bad Stops

Courts look at each case and set of facts separately.  So we can look to past decisions to help guess at what is and what is not reasonable suspicion.  The GOOD NEWS: Reasonable suspicion requires more than suspicion or “hunch.”   The BAD NEWS: Reasonable suspicion may exist even where the conduct of the person detained is “as consistent with innocent activity as with criminal activity.”  This means that you don’t have to be doing anything illegal to be detained.  This is most often seen when a driver is stopped for weaving within a single lane.  Weaving within a single lane is not a traffic offense but it is common behavior for an intoxicated driver.  Since it is not a law violation, the police cannot justify stopping someone for weaving with their lane BUT if the police can explain why such driving behavior caused them to have reasonable suspicion that the driver was intoxicated, then it is a lawful reason to stop someone.

Weaving?

The San Antonio Court of Appeals provided an explanation for when weaving is and is not a legal basis for a stop.  They held that weaving within a lane is not a lawful reason to stop a driver unless the weaving is erratic, unsafe, or tends to indicate intoxication or other criminal activity.   An example of circumstances that tend to indicate intoxication is that the driver just pulled out of a bar, it’s late at night and they are weaving.  In that case, the officer only testified that they observed weaving so they case was thrown out.  State v. Arriaga, 5 S.W.3d 804 (Tex.App.—San Antonio 1999, pet. ref’d).

 

Reasonable Traffic Stop Gone Bad

What the Police CAN DO During a Traffic Stop

Ask for your Driver’s license.

Ask for your proof of financial responsibility.

Ask for proof of your vehicle’s registration.

Check to see if you have any open warrants for your arrested.

Police can ask unrelated questions as long as it doesn’t prolong the stop.

Police can detain you as long as it takes to do the above and write you a citation.

 

What the Police CANNOT DO During a Traffic Stop

Police cannot detain you any longer than is necessary to accomplish the above without providing additional reasonable suspicion for the prolonged detention.

 

The Bad News

The smell of alcohol provides an officer the additional reasonable suspicion to prolong the detention and begin a DWI investigation.

 


 

Texas Transportation Code
AKA Legal Justifications for Detaining You

The police routinely utilize traffic code violations as an excuse to pull someone over.  It’s likely that every time you drive, you commit a traffic violation.

Profiling & “Pretext Stops”

The law does not care as to the real reason a police officer stopped you as long as the police officer has a legal basis for stopping you.  That means that illegal profiling is almost impossible to prove as long as the profiling is coupled with reasonable suspicion of criminal activity.

LET'S GET STARTED


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Reese Campbell
Houston Criminal Defense
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Reese will explain how the law applies to what happened to you. Be prepared for straightforward GOOD & BAD.
Reese will explain the process going forward and our future driven approach to a good outcome in your case.
Reese will discuss his fee and a payment plan that works for you.

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