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Defendant Accidentally Waives Constitutional Right – Convicted

May 6th, 2010 admin No comments

You have rights protected by the Constitution which do not go away once you are accused of DWI in The Woodlands. In fact, those rights are more important than ever when you find yourself faced with a DWI charge. Giving up any of those rights is never a good idea, especially if you do so by accident. Call (832) 426-3913 to speak with a Woodlands DWI lawyer and take the first step in protecting your rights today.

Timi Yvette Herring accidentally gave up one of her important Constitutional rights and let’s take a look at how it helped her get convicted and lose her appeal.

Background

Officer Kris Tyler stopped Herring for running a stop sign. He smelled alcohol on Herring’s breath and noticed Herring’s eyes were bloodshot and watery. According to Tyler, Herring admitted she had been drinking and failed field sobriety tests. Herring consented to a breath intoxilyzer test, but the result showed “interference.” After Herring consented to a blood draw, Tyler transported her to a local hospital and requested a blood draw.

On July 30, 2007, the State Read more…