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Beaumont DWI Lawyers

• Mike Laird: In the notable 1980 U.S. Supreme Court case of Ohio v. Roberts, the Court established a two-pronged test for determining whether certain hearsay statements pass muster under the Confrontation Clause when the declarant is unavailable. Under this test, hearsay statements made by unavailable declarants are admissible against the accused if: 1. The evidence bears adequate "indicia of reliability" (i.e., falls within a "firmly rooted" hearsay exception); or 2. The evidence contains "particularized guarantees of trustworthiness." The Court supported the effectiveness of this test under the rationale that certain hearsay statements are marked with such trustworthiness that there would be no serious violation of the Confrontation Clause by admitting them into evidence. Based on this reasoning, the Court ruled to convict the defendant in the case, on charges of check forgery and possession of stolen credit cards. In so doing, the Court affirmed the admissibility of the hearsay statements that were used against the defendant at trial, which were contained in the preliminary hearing transcript.
• >Willard Hall: In Texas, a person may be charged with DWI if an officer believes that person drives without the normal use of his mental or physical faculties due to alcohol or a drug or a combination of the two. Return to Texas DWI Lawyers