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Hello! I'm Steven Hamilton, board certified in criminal
defense, practice in Lubbock, Texas and the South Plains area.
And today's DWI video clip is how can the person who served me
alcohol actually help in my defense? A lot of times persons
arrested, they've been out to the bar, to the restaurant, and
they've had a couple of drinks and they're driving home. Maybe
they're speeding, they're doing 35 in a 30 zone, the lights come
on, and the police officer pulls you over. Next thing you know
you're doing field sobriety tests and being arrested. You
know you're not intoxicated, you know you only had 2 or 3 drinks,
you've got some time in there. You certainly don't feel any
effect of alcohol. Okay, so how do we prove that? Well, one way
I think that's beneficial is who served you the alcohol? If you
bought a couple of beers, you had a couple glasses of wine at
a restaurant or at a club, almost every waiter, waitress or
bartender in Texas has to be TABC certified. What is that?
Alright, that's the Texas Alcohol and Beverage Code
certification. That's the group of folks that handle alcohol
related incidents in bars, clubs that type of thing. Alright, so
every waiter, waitress has to go through a training class. And do
you know it's actually illegal for a person to serve an
intoxicated individual? So the waiter or waitresses are always
worried about being fined or arrested in stings if they serve
a drunk person. So if they served you the alcohol, don't
you think they believe you weren't intoxicated? That ought
to be important in your case. That's why when you pick up the
phone and you call me, or you come in to see me, one of the
very first things we want to do is - who were you with that
night? Where did you go? Do we need to send our investigator
out to try and find out who the waiter or the waitress is to
talk with them, to take their side of the story early on in
the case. Now they're not going to remember you in a month, or 6
weeks, or 6 months. They're going to remember you the first
few days - hopefully - after you were arrested. So that's why
it's absolutely critical that you pick up the phone, that you
call me, that you come in to see me. We can help, we can get the
investigator out there. My office number is (806) 794-0394.
Give me a call, we'll get you in, go through everything, find
out who the witnesses are, then we'll get started!