ALR Judge Denies Motion for Continuance - What am I Missing?

Let's set the stage.  The Government schedules the Administrative License Revocation hearings - the driver's license suspension hearings that accompany a DWI arrest.  The Government scheduled Jordan Lewis to appear for an ALR in Richmond, Texas on April 22, 2010 at 10:00 A.M.  The Government also scheduled Jordan Lewis to appear for an ALR in Montgomery, Texas on April 22, 2010 at 10:00 A.M.

For those not familiar with the Houston metroplex, Richmond and Montgomery are 70 miles apart and according to Mapquest 1 hour and 25 minutes apart.  Now you are probably beginning to understand my question. 

So what does Mr. Lewis do?  He files a motion for continuance on the case in Montgomery because he physically can not be in two places at once. 

Stephen J. Burger, Administrative Law Judge (title he signs his name with), denies the motion for continuance and writes in his denial, "Insufficient good cause."  Did he really say insufficient good cause?  I can't think of much better good cause than the same governmental entity ordering you to be in two distinct locations over 70 miles apart at the exact same time.  Get with the program Burger and start acting like a "Judge" instead of some bureaucrat that doesn't have a clue.  Remember, these are real people's lives you are messing with.

Needless to say the case is now on appeal.  Let me know if this offends you, even the most pro-law enforcement of you would agree that this is simply not right.

Harris County Judge Pleads Guilty to Criminal Mischief - Risks Legal Career

According to the Houston Chronicle, former District Court Judge Woody Densen pled guilty today to a misdemeanor Criminal Mischief case and was fined $1500.  According to that report, Densen was accused of and has now been found guilty of "keying" a neighbor's vehicle.

I don't care who you are, that was an incredibly stupid act.  Risking your law license and the ability to be an attorney makes it that much more stupid.  This is certainly not the type of judge that the citizens want hearing cases down at the courthouse every day.  As a citizen and member of the legal community, I hope that Mr. Densen is not allowed to ever serve as a Judge anywhere again.  What  an embarrassment this is for all lawyers.

Full Cooperation in DWI Investigation Leads to Innocent Man Being Arrested

I have heard police officer after police officer testify that a DWI client really is not arrested for DWI until the DA makes a decision to charge them with DWI.  My clients have told me that the police sometimes tell them, "It (the DWI arrest decision) is out of my hands, it's up to the DA."

Let's set the stage.  Client is pulled over for speeding on Loop 610 here in Houston.  The Houston Police officer approaches client and claims he smells alcohol.  He does the HGN and guess what - he sees 6 of 6 clues.  He then has the client do the walk and turn test and claims he observes 2 of 8 clues (video would show differently).  Client then was asked to do the One Leg Stand and scored a whopping 1 out of 4 clues (for those that don't know - that is a passing score).  After this terrible performance on the field sobriety tests, the officer arrests client and takes him to the jail.  By the way, there is no allegation of drug use in this DWI arrest.

Here is the kicker.  At the jail he asks for a breath test and again my client cooperates fully.  He blows a whopping .026 less than 45 minutes after he was "operating" his motor vehicle.  The legal limit is .08.  While I'm not a mathematician, I do know that .026 is a lot less than the legal limit of .08. 

Presumably, if the cops tell the truth on the witness stand (see first paragraph), the arresting officer called the district attorney's office to have the DWI charge approved.  I would like to assume that the police officer told the truth about the excellent performance on the field sobriety tests and the breath test.  I would also like to assume the prosecutor used his best judgment and made the call he thought was right.  I guess that is why we need jury trials?

So where does that leave us?

Innocent people are being arrested for DWI in Houston, Texas.